Case over boy’s brain injuries at birth settled for €8m

An 11-year-old boy who it was claimed suffered brain damage at birth has settled his High Court action for €8 million.

The High Court heard that Leon Hawkins, from Carrick-on-Suir, Co Tipperary, has many challenges in life.

His mother, Leonie Hawkins described her son as an affectionate and lovable boy who has a strong bond with his parents. However, while he can communicate with them, he cannot do so with others.

Liam Reidy SC, instructed by solicitor Emmett Halley, for Leon, told the court it was their case that the boy should have been delivered two hours earlier than he was at University Hospital Waterford in 2009.

Leon had, through Ms Hawkins, sued the HSE over the circumstances of his birth. The court heard that Ms Hawkins was admitted to the hospital’s labour ward on August 26th, 2009 and was in labour from 10.30am until just after midnight on August 27th, when a decision was made to carry out an emergency caesarean section.

It was claimed that the baby was suffering from foetal distress due to umbilical cord compression and that the pathology had worsened in the hours after 6.30pm.

Umbilical cord

It was alleged that notwithstanding the signs of foetal distress, Leon was not delivered until 12.22am and that he emerged with the umbilical cord wrapped tightly around his neck and required resuscitative treatment.

It was claimed there was an alleged failure to identify that the CTG trace, which monitors the baby’s heart rate, was initially suspect and became pathological in the hours prior to his delivery.

It was also claimed there was a failure to appreciate the baby was suffering prolonged foetal distress, probably due to cord compression, and an alleged failure to identify or appreciate that he was suffering foetal hypoxia during labour.

All the claims were denied.

Ms Hawkins told the court the family was happy with the settlement. She said it had been a long road for them and they hoped that Leon could now have a better quality of life.

Approving the settlement, Mr Justice Kevin Cross said the family had been well advised and the settlement was a good one. He wished them all the best for the future.