Girl (15) with cerebral palsy secures further settlement of €1.59m over Letterkenny birth

A severely disabled 15-year-old girl with cerebral palsy has secured a €1.59 million interim payment in a settlement of her action over the circumstances of her hospital birth, bringing to €4.5 million the total paid out so far.

This was Sarah McFeely’s fourth time in court to receive an interim payment since she first settled her case 11 years ago over her birth at Letterkenny General Hospital.

Sarah, through her mother Bronagh Colhoun, of Cill Grien, Lismonaghhan, Letterkenny, had sued the Health Service Executive (HSE) over alleged negligent treatment of the pregnancy and birth in September 2008.

Mr Justice Paul Coffey was told liability was not an issue in the case. He approved the latest interim payment, which is to cover the next four years.

In the action, it was claimed Ms Colhoun went into labour on September 27th, 2008, and went to Letterkenny General Hospital.

The drug syntocinon, used to induce labour, was commenced at 2.30pm. At 4pm, the CTG showed a marked change in character and it was claimed there was hyperstimulation and a doctor advised discontinuance of syntocinon, it was claimed. An epidural was requested and given at around 6pm and the syntocinon recommenced.

It was claimed the epidural was not fully effective and the mother continued to be distressed. It was further claimed, despite this, the rate of syntocinon was further increased.

A vacuum delivery started shortly before midnight but Sarah was not born for 39 minutes after different vacuum cups had to be reapplied, it was claimed.

It was claimed there was excessive administration of syntocinon and a failure to recognise hyper stimulation. There was a failure to deliver the baby at the earliest possible opportunity and by Caesarean section, she claimed.

The court previously heard Sarah has dyskinetic cerebral palsy affecting all of her body with no movement on her right side.

In an open letter in 2012, the HSE conceded liability and the case was before the High Court for assessment of damages only.

Ms Colhoun is a nurse who has cared for her daughter since birth, the court heard.