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Boy gets EUR4.5m for botched delivery; COMPENSATION.

Byline: By AODHAN O'FAOLAIN

A BOY of six born with permanent brain damage was awarded EUR4.5million in compensation yesterday.

Paul Fitzpatrick was left severely mentally and physically disabled after being delivered at the National Maternity Hospital in Dublin.

Paul, through his mother Michelle, sued the hospital for injuries allegedly sustained in the management of his birth on December 26, 2001.

Mr Justice Herbert found the little boy would not be disabled except for the "substandard and negligent" management of his birth.

He said Paul should have been delivered 30 minutes earlier and if that had happened he would not have sustained irreversible brain injury.

Parents Michelle and Paul, from St Catherine's Close in Carman Hall, Dublin, said: "The hospital has been fighting this for years and the fact that they have now agreed to a settlement of EUR4.5million speaks for itself.

"We now want to try and move on with our lives and give our son a good future and everything he needs."

The settlement in the case was made without admission of liability by the hospital which had denied negligence.

However, because the High Court had last March found the hospital was liable for Paul's injuries - a decision which the hospital has appealed - the Supreme Court will later be asked by the sides to set aside the court's finding on consent.

The case was the longest running birth injury case in Ireland with it before the courts for 59 days.

Aongus O'Brolchain, SC, for Paul told Mr Justice John Quirke said his clients were satisfied to accept the settlement as it could be a further two and a half years before the Supreme Court would determine an appeal by the hospital.

CAPTION(S):

WIN Mum Michelle; CASE Dad Paul
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Publication:The Mirror (London, England)
Date:Jun 11, 2008
Words:292
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