MHP Sellors LLP represented a mother who suffered severe childbirth injuries at University College Hospital Galway. Her original High Court case settled for €700,000, alongside a negotiated HSE indemnity intended to protect her social‑welfare and medical‑card entitlements.

An alleged breach of that indemnity later arose, and through further negotiation rather than re‑entering the proceedings, MHP Sellors LLP secured an additional €128,000 settlement on her behalf.

Background: Original €700k Birth Injury Settlement

Following a forceps‑assisted delivery in 2018, the client sustained a third‑degree (3c) perineal tear, resulting in chronic pelvic‑floor dysfunction, bladder and bowel symptoms, sexual dysfunction, prolapse and psychological distress—each having significant long‑term consequences.

Extensive expert evidence across obstetrics, gynaecology, colorectal surgery, urology and psychiatry was needed to quantify her lifelong care and treatment needs.

The case concluded with a €700,000 settlement, and crucially, the HSE agreed to indemnify the plaintiff for any loss of her One‑Parent Family Payment and medical card arising from receipt of compensation.

 

Alleged Indemnity Breach & Second Negotiated Settlement

The Terms of Settlement required the HSE to compensate the plaintiff if her entitlements were affected and to calculate any loss actuarially. The agreement also provided liberty to re‑enter the proceedings if needed.

However, when issues later arose affecting the client’s benefits, this was treated as an alleged breach of the indemnity. Instead of re‑entering the High Court process, MHP Sellors LLP engaged in further negotiations with the HSE.

This additional negotiation resulted in a second settlement of €128,000, compensating for the alleged loss linked to the impact on her entitlements and upholding the protections intended in the original agreement.

Commenting upon the successful settlement, Ronan Hynes, Partner in our Healthcare team commented as follows:

Indemnities of this nature are critical in safeguarding a client’s long-term financial and medical security. When those protections are undermined, it is essential that they are enforced promptly and effectively, as was achieved here.

 

Contact 

For expert legal advice and support on birth injuries, obstetric negligence or settlement‑enforcement issues, please contact Ronan Hynes, Partner or a member of our Healthcare & Serious Injury team on 061 414 355 or alternatively via email at [email protected]