10-year-old who sued over circumstances of her birth wins High Court settlement of €3.25m

High Court reporters

A 10-year-old girl who sued over the circumstances of her birth at Cork University Maternity Hospital has settled a High Court action with a €3.25 million interim payout.

Olivia McGrath from Gurrnabraher, Co Cork, cannot speak, has impaired vision, has to use a wheelchair and requires full-time care.

Her parents, Christine and Ruairi McGrath, were in court as the settlement of Olivia’s action against the HSE over the circumstances of her birth was approved by a judge.

“It has taken five long years fighting tooth and nail all the way, but we got it over the line,” Mr McGrath said afterwards.

“This is going to make all the difference for Olivia. The world is now her oyster rather than us just surviving as we have been for the last ten years.   The sky is the limit now for Olivia, and she will get all the therapies she needs. It is a fantastic day for Olivia and for our family,” Mr McGrath said.

The family’s counsel, Barristers Dr John O’Mahony with Doireann O’Mahony, told the High Court the issues in Olivia’s action were complex. If the case had gone to hearing, it was expected to last six weeks.

The interim settlement, which is for the next ten years, is without an admission of liability and represents 55 per cent of the full value of the claim. Olivia’s future care needs will be decided in ten years.

Dr O’Mahony told the court the action had been settled after mediation.

He said it was their case that there should have been a caesarean section carried out earlier on May 20th, 2016, and the CTG trace, which monitors the baby’s heart rate, was allegedly abnormal, and this should have been a red flag indicator.

The CTG was observed, he said, but it was their case that it was allegedly not acted upon.

Counsel said the baby was small and there was a reduction in the amniotic fluid, which meant the management of the labour should be elevated.

Counsel said another issue arose in the case, the timing of a stroke suffered by Olivia. The McGrath side contended it happened during labour and claimed if a caesarean had been carried out “Olivia would have been protected.”

An expert on behalf of the HSE said that a stroke probably occurred, maybe weeks before labour.

Olivia’s father, Ruairi, told the court the family were satisfied with the settlement  “in the sense that at last we can provide for Olivia .”

“We can give her the life she deserves,” he told Mr Justice Paul Coffey.

Olivia McGrath of Gurranabraher, Co Cork, had, through her father Ruairi McGrath, sued the HSE over the circumstances of her birth at Cork University Maternity Hospital on May 20th,2016.

In the proceedings, it was claimed there was an alleged failure to act appropriately in respect of a pathological abnormal CTG trace and that labour had allegedly been allowed to continue for many hours until delivery was eventually achieved.

It was also claimed that the mother had allegedly been exposed to a prolonged induced labour and there was an alleged failure to deliver the baby by urgent caesarean section not later than 16.40.

The HSE denied all the claims and contended that the antenatal care provided to the mother was appropriate and consistent with an acceptable standard of care for an Irish maternity hospital at the time.

Approving the settlement, Mr Justice Paul Coffey said it was a case fraught with great complexity, and he was satisfied the settlement was fair and reasonable. He wished Olivia and her family well for the future.