Courts

Woman with cerebral palsy settles action over birth for €8.25 million

Rachel Barry sued the National Maternity Hospital, Holles Street, Dublin

Rachel Barry, of Clonbalt Woods, Longford, had through her mother, Finola Barry, sued the National Maternity Hospital, Holles Street, Dublin. Photograph: Chris Maddaloni/The Irish Times

Thu Jun 30 2022 - 12:51

A 25-year-old woman with spastic cerebral palsy who sued the National Maternity Hospital in Dublin has settled a High Court action for €8.25 million.

Rachel Barry, who uses a wheelchair, hopes to get a third-level qualification so she can help other people who are disabled, the High Court heard on Thursday.

The settlement is without admission of liability, said Ms Barry’s counsel, Des O’Neill SC, instructed by solicitor Ciaran Tansey.

Counsel said it was their case that had there been proper vigilance of the mother at the time, an earlier delivery would have occurred and Ms Barry would have avoided a brain injury.

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Mr O’Neill pointed out there was no protocol at the time for daily blood tests but this system has since changed at the hospital.

However, counsel said the Barry case must be judged on the 1997 standard.

Ms Barry, of Clonbalt Woods, Longford, had through her mother, Finola Barry, sued the National Maternity Hospital, Holles Street, Dublin. She had claimed there was an alleged failure to diagnose her mother’s infection after she was transferred to the hospital in April 1997.

It was claimed there was an alleged failure to have regard to the risk of infection and an alleged failure to diagnose the mother’s infection. It was further claimed there was an alleged failure to show appropriate vigilance for chorioamnionitis, a condition that can occur in pregnancy where the membrane around the foetus can get infected.

On April 4th, 1997, Fionola Barry was admitted to Midlands Regional Hospital when her pregnancy was at 30 weeks and two days when she had a spontaneous rupture of the membranes. She was transferred to the National Maternity Hospital, Holles Street, Dublin.

It was claimed because the membrane had ruptured it meant there was an alleged risk of infection. A decision was made it was claimed at the Dublin hospital not to deliver the baby until April 14th, 1997.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable.

Outside court, solicitor Ciaran Tansey said the settlement was a big step for the family. “It will allow Rachel to live Independently and do all the things we all take for granted,” he said.

Her mother Finola said her daughter was relieved the case was over.

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