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Significant HSE Settlement for Mother with Childbirth Injuries

A 40-year-old mum of two has received a High Court settlement in the sum of €700,000 for significant and life changing maternal birth injuries allegedly suffered during the birth of her second child at University College Hospital Galway in 2018.

Patient Safety Advocate, Ronan Hynes, and Partner of our Healthcare Team at MHP Sellors LLP, led negotiations for the Plaintiff. Ronan outlines our client’s legal case below.

Details of Injury

‘Mary’ suffered a third degree (3c) perineal tear during the birth of her daughter by forceps delivery at University College Hospital Galway in 2018. As a result, Mary experienced severe perineal pain, sexual dysfunction, bladder and bowel dysfunction, pelvic prolapse, and psychological symptoms, all of which had, and would continue to have, a significant impact on her quality of life into the future. Mary had significantly impaired pelvic floor muscle function since the delivery of her second child. Medical expert evidence was obtained from multiple medical fields such as obstetrics and gynecology, urology, colorectal, psychosexual, care and support, psychiatry, occupational and vocational therapy, and actuarial to fully quantify Mary’s future treatment and care needs.

Legal Case

Ronan Hynes acted as the lead solicitor on the case, instructing Liam Reidy and Patrick Treacy SC as Senior Counsel.

The Plaintiff’s case was that had the patient had an emergency caesarean section based upon her circumstances, rather than an instrumental vaginal delivery, on the balance of probabilities, she would not have suffered a third-degree tear of the perineum and subsequently experienced the severe urinary and rectal symptomology.

An obstetrician and gynecological expert was critical of the management of the labour and ultimate delivery of the baby at University Hospital Galway.  A leading colorectal expert provided an opinion that Mary had suffered from a significant pudendal nerve injury. A UK urologist provided a condition and prognosis report which provided comprehensive recommendations on future treatment options including surgery with associated costings.

The management of Mary’s urological symptoms in this case was complex. Expert urology opinion recommended a progressive approach with the trial of different modalities which was likely to achieve a good level of urinary continence in the future. The medical evidence indicated that Mary’s overactive bladder symptomology must firstly be overcome before any consideration was given to surgical remediation of Mary’s urinary stress incontinence.

Settlement

A round table meeting between the Plaintiff’s and the HSE’s legal teams took place in June 2024, two weeks before a scheduled specially fixed trial was due to take place. The Plaintiff’s legal team presented robust arguments that the HSE’s defence of the case was weak and would very likely fail at trial. Ultimately, after extensive settlement negotiations, a positive settlement was reached whereby the HSE agreed to pay Mary the sum of €700,000 plus legal costs.

The vast bulk of the settlement included headings of loss for future medical treatment including surgery, pelvic floor physiotherapy and supports, care and assistance into the future. Most importantly, our client secured an indemnity from the HSE that she would retain certain social welfare benefits that she was receiving prior to trial including her entitlement to a medical card. This was a vital part of the overall settlement which provided Mary with peace of mind, financial security and access to appropriate medical care for the rest of her life.

Contact

You can find further information regarding our expertise, experience and team on our clinical negligence page. If you require further assistance from Ronan Hynes and our team or simply want a clarity call, please contact us on 061 414 355 or alternatively by email at [email protected]

Published On: October 8, 2024

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