Interim payout of €3.5m and an apology given to 12-year-old injured at birth

Counsel for the HSE Brian Foley BL turned to Aaron and his parents Marianne Cunningham and Peter Hanrahan of Alleen, Donohil, Co Tipperary and read out the apology on behalf of the hospital.

He said the hospital wished to "sincerely and unreservedly applogise for the catastrophic injuries suffered by Aaron at the time time of his birth and the tragic outcome for him and his family."

Aaron Christopher Hanrahan had through his mother Marianne Cunningham sued the HSE over the circumstances of his birth at South Tipperary Genertal Hospital in 2004.

It was claimed the baby was exposed to unnecessary risk by delivering him at a hospital which was not suitably staffed or equipped with appropriate facilities to deal with premature babies and there was a failure to take appropriate or timely actions when the CTG trace was pathological and that the CTG trace had been discontinued when it was dangerous and unsafe to do so.

There was it was claimed a failure to expedite the delivery of Aaron by caesarean section in circumstances in which an obstetric emergency existed.

Senior Counsel Denis McCullough told the court Ms Cunningham whose baby was due in June had been admitted to South Tipperary General Hosptial in April 2004. He said CTG recording of the fetal heartbeat was started at 8pm on April 18, 2004 and continued until after 10pm.

It was claimed the trace from 9pm was abnormal. The CTG was recommenced after 11.30pm and was pathological but was turned off after midnight to enable the mother to sleep and restarted just before 6am. Aaron was delivered until after 9am.

Counsel said if Aaron had been delivered by 1am on April 19, 2004 the degree of injury would have been lessened.

Aaron, who had six brothers and sisters he said is confined to a wheelchair but is a bright and cheerful boy who attends his local school.

Mr McCullough said due to cutbacks in the health service Aaron's speech and language therapy had been stopped two years ago and his communciation skills had deteriorated since that time . The boy's physiotherapy sessions had also been stopped last year, Counsel said.

Approving the settlement Mr Justice Kevin Cross wished Aaron and his family all the best. The case will come back before the court in nine years time when Aaron's future care needs will be assessed.

Outside court Marianne Cunningham in a statement on behalf of herself and her partner Peter Hanrahan said they were delighted and relieved their lengthy battle for justice for their son have been achieved.

“”Aaron suffered irreparable damage and because of this he will remain dependant and in need of constant care and attention for the duration of his life,” she said.

She said the written apology from the HSE and the hospital came before Aaron’s twelfth birthday and "a brilliant present for him to receive."

“Even though we realise the great injustice done to our son, we as parents are fulfilled in the knowledge that all Aaron’s needs and requirements will all be provided for his entire future.

We can now look forward to a much improved but more importantly a much deserved quality of life for our beautiful son."