The HSE has apologised to and made a €4.6million interim payment to a boy who brought a High Court medical negligence claim.
Tadhg James McKenna, who has cerebral palsy and requires constant care sued for alleged negligence and breach of duty of care following during the course of his delivery on August 31, 2017, at Cavan General Hospital.
Liability had previously been conceded in relation to breach of duty but causation was at issue.
That aspect of the claim was due to be heard by the High Court later this year. However, following out of court talks the matter was resolved.
As part of the settlement an apology was read before the court on Wednesday where Cavan General Hospital and the HSE “unreservedly apologised for the failings in care that caused the injuries sustained by Tadhg at birth, and the consequential upset suffered” by the McKenna family.
The statement added the hospital and the HSE understood “that neither this apology, nor the financial compensation granted by the court could negate the continuing distress and upset” endured by the McKennas “on a daily basis”.
The court heard the boy of Sruth An Mhuillan, Emyvale, Co Monaghan, who had sued through his mother Emma Louise McKenna, suffers with seizures, respiratory attacks, fevers and requires constant medical care and monitoring.
His counsel Jerry Healy SC, appearing with Jonathan Kilfeather SC instructed by solicitor Barry Healy, said the family was happy to accept what was a good offer from the HSE.
As well as the apology the HSE agreed that an interim payment of €4.6million should be made to provide for Tadgh’s care.
Counsel added Tadgh’s father Damien spends pretty much 24 hours a day with the child and the family had also been inspired by the fact his younger sibling had formed a strong bond with him.
