THE National Maternity Hospital has apologised to a six-year old boy with cerebral palsy for the shortcomings in care and the devastating injuries he suffered at birth.
The letter of apology was read out in the High Court as Fionn Feely settled his legal action against the hospital for €18million.
Young Fionn has spastic quadriplegic cerebral palsy, cannot speak and needs 24-hour care.
The family’s counsel Liam Reidy SC instructed by Lyndy Cantillon solicitor told the High Court it was their case Fionn should have been delivered three hours earlier.
Counsel said it was their contention the insult to Fionn’s brain was towards the end of the labour.
Fionn, of Mount Prospect Drive, Clontarf, Dublin had through his father Stephen sued the National Maternity Hospital, Holles Street, Dublin over the circumstances of his birth in April, 2015.
ALLEGED MANAGEMENT FAILURE
It was claimed there was an alleged failure to properly manage the pregnancy and labour of Mrs Feely and an alleged failure to properly monitor the baby’s fetal heart rate.
Counsel said: “We say If he had been delivered in accordance with proper standards, there would not be brain damage.”
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The letter to the Feelys which was read to the High Court was from the Master of the National Maternity Hospital Professor Shane Higgins.
It said: “On behalf of the National Maternity Hospital I wish to sincerely apologise for the shortcomings in care during Mrs Feely’s labour and delivery in April 2015 and to Fionn for his devastating injuries.”
It added: “We do not underestimate how difficult and traumatic it has been for you and your family and acknowledge the challenges that you have faced on a daily basis since that time and we are truly sorry.”
‘SHATTERED’ DREAMS
Fionn’s parents Stephen and Deirdre Feely from Clontarf, Dublin today said fighting for justice for their first born has changed them.
They said: “Like many people anticipating the birth of their first child, our hopes and dreams were wrapped up in one little person. Those dreams were shattered, and it is difficult to describe the devastation we experienced.”
They added: “The joy of holding our first-born child in our arms was taken from us. It was supposed to be the happiest days of our lives, it became our worst.”
In a statement outside the Four Court Fionn’s Dad, Stephen Feely on behalf of the family said over the last six years they have known sadness worry and grief on a daily basis, but their son is “much more than his diagnosis.”
He said Fionn is happy, funny, clever, mischievous, playful, inquisitive and above all loving.
HOPE FOR THE FUTURE
He said: “We are his world, and he is ours. Our hope now is that we finally have the opportunity to enjoy just being parents to Fionn, as opposed to primarily being his carers and then we will also have a chance to give him absolutely everything he needs and deserves to get the most out of his life.”
Describing the last six years, Mr Feely said: “there has been no respite from our grief, no respite from our daily struggles and worries no respite from the what ifs and whys and the thoughts of what could have been.”
He added: “No amount can account for what Fionn has lost or ever bring back the child that Fionn should have been, but this money will go towards giving him a future he can look forward to and thrive in.”
The National Maternity Hospital admitted a breach of duty regarding the allegations made in respect of labour and delivery.
Approving the settlement Mr Justice Paul Coffey paid tribute to the Feelys and said they were remarkable parents.