High Court approves settlement for man (22) who needs full-time care due to birth difficulties
Paul Neilan
The High Court has approved a €2.68 million interim settlement for a man who needs full-time care over the next 10 years after difficulties during his birth in 2003 left him with lasting disabilities and substantial medical expenses.
Jeremiah Daly, now 22, suffered injuries during his birth at Kerry General Hospital in 2003.
Jeremiah, through his mother, Edwina Daly, of Clogher Drive, Lixnaw, Co Kerry, had sued the HSE alleging mismanagement of the birth between March 22nd and March 24th 2003.
It was claimed that he was subjected to severe and prolonged foetal distress following his mother’s admission to the maternity unit of the hospital on March 22nd 2003.
It was claimed there was an unacceptable delay in the delivery of Mr Daly, given the onset of foetal distress and abnormal cardiotocography (CTG) tracings.
It was also alleged that there was a failure to have any due or sufficient regard for the presence of foetal distress in the baby and the labour was allegedly incompetently managed.
It had been further claimed there was a failure to stop administering the drug oxytocin on account of the foetal distress.
The claims were denied, and the HSE, which contended that the CTG trace gave no cause for concern and that obstetric care was perfectly reasonable.
In 2015, Denis McCullough SC, then for the plaintiffs, told the High Court that experts on the Daly side would have contended the birth was mismanaged with excessive doses of oxytocin. When Jeremiah was born, he was in very poor condition and had seizures, counsel had said.
The action was settled without admission of liability against the HSE, on terms that included a then-six-year interim payment of €1.75 million in 2015.
The High Court decided in 2021 on the costs of the future care needs of Mr Daly to approve another interim settlement payment of €1M for his care over four years.
At the High Court today (Thursday), John Lucey SC, for the Daly family, told Mr Justice Paul Coffey that a further interim settlement sum of €2.68 million was agreed for his care over the next 10 years.
Mr Lucey told the court that Mr Daly still needed full-time care from his mother but is also attending a supportive hub where he is making steady progress and is doing well despite being a vulnerable person.
Mr Justice Coffey approved the interim settlement for the care of Mr Daly, commended Mr Daly's mother, who was in court, and wished the family the very best for the next ten years.
He then adjourned the matter to December 12th 2035.
