A local health trust admitted liability in a legal action brought by the family of a County Tyrone woman left brain damaged at birth 25 years ago. Some days in advance of a planned two week hearing of the action brought against the Eastern Health and Social Services Board, liability and causation were conceded in this clinical negligence case.
The Plaintiff was born in 1985. The Plaintiff’s mother had been admitted to the Royal Maternity Hospital suffering from pre-eclampsia. At this point the Plaintiff’s mother was 34 weeks + into her pregnancy. Due to concerns about the health of the fetus it was decided to perform an amniocentesis test. This involves passing a needle through the wall of the abdomen into the womb and sampling the amniotic fluid. The purpose of the test is to determine the health and maturity of the fetal lungs. The reason why this testing was undertaken was to determine whether or not it was appropriate to deliver the baby by means of caesarean section.
During the course of the amniocentesis, the needle passed through a blood vessel in the placenta. As a consequence of same the fetus lost blood from its own circulation into the maternal circulation. This led to fetal distress. It was the Plaintiff’s case that this should have led to the delivery of the child as an emergency. Nothwithstanding the necessity of an early delivery in this case, the child was not in fact delivered until 2 full days later. By that time the fetus had sustained moderate brain damage.
The mother of the injured party approached Patrick Mullarkey of Campbell Fitzpatrick, Solicitors in and around December 2005. We were the fourth firm of solicitors approached in association with the action. Pursuant to the mother’s instructions we undertook a thorough review of the evidence obtained to date. We determined that further medical investigation was necessary and we set about engaging the appropriate expertise. Having secured reports from various medical specialities, we then formalised the pleading of the case and moved to have the action set down for hearing. The case was ultimately listed for trial during the course of April 2010.
Prior to the commencement of the hearing the representatives acting on behalf of the Defendant admitted both liability in relation to the alleged inadequate care and causation between that breach of care and the damage sustained by the injured party. In the circumstances the case was simply to proceed by way of an assessment of damages. Whilst the precise sum remains confidential, substantial damages were paid to the Plaintiff and to her carers to cover such diverse heads of damage as the personal injuries sustained, past and future loss of earnings and past and future care. The family were also awarded their costs in association with the case. It is to be noted that the case was prosecuted with the assistance of a legal aid certificate issued by the Northern Ireland Legal Services Commission.