Cork girl will receive highest ever settlement as six injured at birth have awards increased

It is believed to be highest ever award of its kind.

Isabelle was among six catastrophically injured plaintiffs whose settlements were increased today by various sums totalling more than €10.2m following a recent Court of Appeal judgment altering interest rates on such awards.

Two years ago Isabelle Sheehan, who has cerebral palsy and is confined to a wheelchair was awarded €11.6m as a result of her care at the time of here birth.

At a previous hearing High Court President Mr Justice Peter Kelly congratulated the parents of Isabelle and said she would not have made the progess she has made without the love, care and attention they have lavished on her.

He complimented "the truly remarkable care" Colm and Catherine Sheehan have given their daughter and he thanked them on her behalf, commenting that the final settlement of the case was a fair and reasonable one.

When told that the family had wanted a final lump sum pay out because this was their third trip back to the High Court after a total of €2.6m had been paid out in interim payments, Mr Justice Kelly said it was understandable that Isabelle's parents were weary with interim settlements and it underscored the acute necessity for legislation to be brought in relation to periodic payments.

Suing through her mother Catherine, of Millbrook, Mallow, Co Cork, Isabelle had sued Dr David Corr, of the Cork Clinic, Western Road, Cork, who was carrying on a private practice at the Bon Secours Maternity Hospital, Cork, when Isabelle was born there in 2004.

It was claimed Dr David Corr failed to act on blood tests carried out on Mrs Sheehan during her pregnancy which showed a significant risk to the health of the baby.

Dr Corr admitted liability and his counsel in court five years ago read out an apology on behalf of his client in which Dr Corr said he "very much regrets the outcome in relation to the birth" of Isabelle.

In the statement, Dr Corr said he had made a "mistake" in not referring Catherine Sheehan, when she was pregnant with Isabelle in 2004, to an expert in foetal medicine. This had "disastrous consequences" for Isabelle and her family and he wished to "apologise" to them, Dr Corr said.

At a previous court hearing Denis McCullough SC said Mrs Sheehan, who had worked with Cork County Council before Isabelle was born, had given up work to care for her daughter.

Isabelle, known as Izzy, suffers from severe spastic quadriparetic cerebral palsy, with both her arms and legs affected, the court heard.

She was described as "bright and intelligent" but her injuries initially affected her speech. She now has a special machine to help her attempt to walk but she requires life long care.

Mr Justice Kelly was told she attends a Gael Scoil near her home and can speak some words in Irish.

In her claim, it was stated Isabelle was born at the Bon Secours Maternity Hospital in Cork on November 29th, 2004.

It was claimed Mrs Sheehan’s GP carried out a blood test for antibodies on May 17th 2004. Further tests in October 2004 revealed an "alarming rise" in the presence of certain blood group antibodies and Dr Corr was informed.

He was also informed of Mrs Sheehan’s husband’s blood type, which, the court was told, antibodies in the mother’s blood were "programmed to attack".

Counsel for the Sheehan family argued the consultant should have referred Mrs Sheehan for advice from an expert in foetal medicine who would have recognised the difficulty.

Isabelle was later delivered by caesarean section in extremely poor condition. Isabelle’s mother Catherine previously told the court she and her husband Colm, were given "the bleakest picture imaginable" about Isbaelle and were told she was going to be "profoundly disabled"

Mr Justice Kelly also approved a €3.5m uplift on previous payments totalling some €11.4m for Eoin Dunne, bringing to some €14.9m the teenager’s total award over birth injuries at the Coombe Women’s Hospital in Dublin.

The High Court previously ruled the hospital was liable for catastrophic injuries sustained by Eoin, of Malahide, Co Dublin in the circumstances of his birth there in July 2002. Eoin has severe dyskinetic cerebral palsy, cannot walk or speak and is totally dependent on others for all his needs. He had sued through his mother Dr Fiona Murphy, an anesthetist.

The judge also approved a €2.89m increase for Roisin Conroy, Dysart, Portaloise, who previously settled her case for €11.6m.

She has cerebral palsy as a result of injuries caused at her birth at the Midland Regional Hospital in November 2001 and previously received an apology from the HSE and a constultant obstetrician who treated her, John P. Corristine, attached to Portlaoise General Hospital, now the Midland Regional Hospital.

In another case, the judge approved a €1.24m increase for Nadine Wilkin (21), Abbey Park, Manorcunningham, Letterkenny, who also has cerebral palsy.

She previously received €6m under a settlement of her action against the HSE over her care at the time of her birth at Letterkenny General Hospital on June 11th 1996. The settlement was made without an admission of liability.

In the case of Emily Casey (20), Nerano Road, Dalkey, Co Dublin, the judge approved an uplift of €1.45m on her overall settlement of €4.85m. Ms Casey, who was left paralysed after undergoing surgery on her spine, sued Our Lady’s Hospital for Sick Children, Crumlin, Dubin, and a consultant orthopaedic surgeon, Dr David Moore, over an operation in December 2009 at the hospital to treat curvature of the spine. Liability was admitted and an apology was also provided.