There were tears of emotion at the High Court in Dublin today as a 16-year-old boy settled his case against a Cork Hospital for €14 million.
The Cork hospital issued an apology to the family of Calum McCarthy over the circumstances of his birth at the hospital in 2006. Calum and his mother Melissa, told the press that it was “a big relief” that their fight had finally come to an end.
“We’re very proud of him,” Melissa McCarthy told reporters, as she thanked her family for their support.
The teenager, who has physical and cognitive impairments, won his case against the hospital after it was claimed his delivery was not properly managed. Calum cried in court as Mr Justice Paul Coffey approved the settlement as “fair and reasonable” and wished the teenager well.
#WATCH There were emotional scenes in the High Court as Cork University Maternity Hospital apologised to the family of a 16 year old boy over the circumstances of his birth at the hospital in 2006
The apology was made as Calum McCarthy settled his case for €14 million#VMNews pic.twitter.com/3Riv8UsjAb
— Virgin Media News (@VirginMediaNews) June 29, 2023
Calum sued the HSE through his mother Melissa over the care they received at St Finbarr’s Hospital in Cork around the time of his birth, on 31 October, 2006. His senior counsel, Dr John O’Mahony, instructed by Frank Buttimer & Company solicitors, said that the HSE had admitted negligence, but did not accept this caused the injuries.
The teenager’s High Court action made the claim that the HSE’s negligently, and/or in breach of duty, failed to properly examine, investigate and manage Melissa McCarthy’s labour. It was alleged that the hospital failed to properly manage Calum’s delivery – meaning that he continues to suffer “severe personal injury and loss”.
The court heard from Dr O’Mahony that Calum was born flat, and did not have respiratory effort for over four minutes following his birth. As a newborn, he was intubated and was later brought to a hospital in Dublin where he was fully investigated, his counsel said.
There was an alleged failure to intervene in a timely manner to protect the baby from alleged ongoing oxygen deprivation before his birth.
Calum was diagnosed with Hirschsprung’s disease, a rare disorder which affects the development of a baby’s large intestine.
Speaking outside the court, his mother said that the settlement will help to cover the cost of Calum’s care needs.
“We just finally have the financial […] stability now to move on the care he needs because he doesn’t have any more struggles in the future,” Melissa said, as Calum, clearly emotional, broke down in tears.
The mother and son received an apology on behalf of the Unified Maternity Services over “any shortcomings” in care they received at St Finbarr’s Hospital maternity unit that “may have contributed to the difficulties” the child has faced.
The court heard that the family has had a “very difficult time,” and they were given the assurance that maternity practices are being ““continuously reviewed with the aim of ensuring the safety of patients at all times”.
Calum’s counsel argued that the hospital should have intervened sooner, when Ms McCarthy was experiencing an “excessive” frequency of contractions. The case heard that Calum developed physical, psychological and cognitive impairment due to the delay.
The HSE denied its actions caused Calum’s conditions, and asked his parents to undergo genetic testing to determine if they have a particular gene that could explain his conditions, the court was told. In court, the HSE gave formal consent to the settlement.
In response, Dr O’Mahony said that his legal team objected to the request. He said that if the gene was present, it could potentially have explained symptoms and Calum’s claim could have been lowered to under €5 million.
Given such a risk, the legal team made a recommendation to accept the €14 sum, in addition to his legal fees – with Jude Coffey saying he had no hesitation in approving the sum.