Teen with cerebral palsy awarded €7.5m in medical negligence action over management of his birth

17-year-old Kyle Corcoran, who requires permanent care, brought High Court proceedings the HSE claiming it had been negligent at the time of his birth at St Luke’s General Kilkenny Hospital on June 4, 2003

A teenage boy with cerebral palsy has been awarded €7.5m settlement in a medical negligence action over the management of his birth.

The action was brought on Kyle’s behalf by his mother Amy Corcoran of Fr Byrne Park, Craiguecullen in Co Carlow.

The claims were denied and the settlement was made without an admission of liability.

The settlement was approved at the High Court on Thursday by Mr Justice Kevin Cross.

The judge was told by Aidan Walsh SC for Kyle that the action has been settled following a mediation, conducted by Declan Buckley SC between the parties.

In his action it was claimed that Amy Cororan was admitted to the hospital in Kilkenny on June 4th 2003 complaining of abdominal pain.

It was claimed that she was placed on a cardiotocograph or CTG, which is used to record the foetal heartbeat and the uterine contractions during pregnancy.

It was claimed that the HSE failed to take action when the CTG showed readings of decelerations in the infant’s heartbeat, which were followed by substantial increases in Kyle’s heart rate.

Arising out of those readings, it was claimed the HSE’s staff should have intervened and taken steps including expediting Kyle’s delivery, which they allegedly failed to do.

It was claimed that Kyle was delivered following an allegedly clinically unacceptable delay. Following his birth Kyle was transferred to Waterford Regional Hospital, where he remained in Intensive Care for two weeks.

The HSE is was claimed were negligent on several grounds including that it failed to take proper action and that it allowed Kyle to be born in an asphyxiated state, resulting in him suffering permanent and significant injuries.

The court heard that arising out of his injuries Kyle had to be fitted with a gastrostomy peg to allow him eat, because he has no ability to swallow.

The court also heard that Kyle has cerebral palsy, and a moderate learning disability, but has reasonable mobility on his feet. Counsel said that Lyle is able to play football in his back garden.

The teen has a lack of safety awareness and requires permanent care, close monitoring, and is incapable of independent living.

Kyle attends a special school and lives at home with his family, the court also heard.

Mr Walsh also told the court that Amy Corcoran was happy with the settlement, and that an application to make Kyle a ward of court will be made in due course.

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Counsel said the full value of the claim was approximately €9m, however following the mediation that figure was reduced by just over 17% to a total of just over €7.586m, counsel said.

In approving the settlement Mr Justice Cross said was “a good” and “reasonable one” in the circumstances.

Had the case gone to trial there was no guarantee that the outcome would have been successful, the judge noted.

The settlement the judge added will provide for Kyle’s future care needs, he said. The Judge concluded the short hearing by wishing both Kyle and his family well in the future.

Reading on this site that a lack of oxygen during birth can also cause it. My firstborn, 42 year ago March 11, 1979, Christopher, should have been a c-section but a covering doctor never performed one, even though he had my husband sign for one at 9:30 in the morning. The baby was born at 2:30 in the afternoon. The doctor later bragged to me, when he came to my room, that he used forceps. Labor was horrendous to say the least, most likely more severe as the little guy struggled to be born. I remember trying to pull my own hair out at one point from the pain and the doctor was at the foot of the bed and said something to the nurse, like can you believe this, in a laughing tone.

My pelvis was too small and he was bruised and battered. Later as some friends were looking at him in the nursery, he turned blue and the nursery curtains were quickly closed. I cannot remember his face but I remember all the bruises when he was brought to my room briefly in the bassinet on wheels or maybe it was an incubator, a little fuzzy on which... before he was whisked off to a Children’s Hospital in Newark, NJ. He was in the neonatal unit, the biggest baby among many preemies. Perfect in every way except what occurred at birth. He died of a cerebral hemorrhage at 6 weeks old, he never cried or opened his eyes and we never got to hold him. If he had lived he would have had severe brain damage. The doctor at the Children’s Hospital was visibly upset, shook his head in sadness, he knew it shouldn’t have happened. (Found out later that the covering doctor had done the same thing to another couple but their son lived and was severely brain damaged. They settled a lawsuit with him when the child was 11. My sister found an article in her paper about it. Sadly the doctor is still practicing today and around 80 yrs. old. I anxiously await seeing his obituary one day. Two other doctors he consulted with by phone about me, one was my obstetrician (delivered me and my 2 brothers even), are both dead. My doctor didn’t have the decency to drive over to the hospital, a 10 minute ride from his home, knowing the baby was in trouble.)

I wish we had followed through and sued but were advised not to when we saw a lawyer. Rather than spend years in court he said to get on with our lives basically. The baby hadn’t died yet when we saw the lawyer.

Reading about the causes of cerebral palsy, it could have been something my baby could have had also, had he lived.

https://www.nichd.nih.gov/health/topics/cerebral-palsy/conditioninfo/causes

Lack of oxygen in the brain. The brain can become damaged if it does not get enough oxygen for a long time. Very low blood pressure in the mother, a torn uterus, detachment of the placenta, problems with the umbilical cord, or severe trauma to the infant’s head during labor and delivery can prevent oxygen from getting to the brain.

It’s tragic. Putting your wife and kid is another group of peoples’ hands, expecting them to do better than even you would. Often they do. Sometimes they very much do not. Having the kid born at home perhaps both would have died or one. It’s a horrible situation when help might be needed and you either don’t have it or you tried rightly but don’t get that true help.
But souls are eternal. You will be united with your son for the rest of eternity...and your dad! Just get yourself up there potentially as best you can and trust in His Mercy for the real part of it. He was always in Jesus’ arms, and still is. Only you had the loss and that will be remedied in due time, God’s time. I watched my son almost not make it. Stupid unprofessionalism...we humans are fallen and during one lapse...a tragedy can happen that parents suffer forever with. But once in heaven, all will be healed, if He knows us. GBU

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