By Ann O'Loughlin
An 11-year-old boy who it was claimed suffered brain damage at birth has settled his High Court action for €8 million.
Leon Hawkins from Co Tipperary, the High Court heard, has many challenges in life and while he can communicate with his parents, he can’t with others.
His mother, Leonie Hawkins, described her son in court as an affectionate and lovable boy who has a strong bond with his parents.
Difficult birth
His Counsel Liam Reidy SC, instructed by solicitor Emmett Halley, told the court it was their case that Leon should have been delivered two hours earlier at University Hospital, Waterford in 2009. Leon, he said was born after a prolonged and difficult birth.
Leon Hawkins, Carrick on Suir, Co Tipperary had through his mother Leonie Hawkins sued the HSE over the circumstances of his birth at University Hospital, Waterford in 2009.
Leon's mother was admitted to the Waterford hospital’s labour ward on August 26th, 2009 and was in labour from 10:30am that morning until just after midnight on August 27th, 2009, when a decision was taken to carry out an emergency caesarean section.
Foetal distress claim
It was claimed it was allegedly apparent the baby was suffering from foetal distress, due to umbilical cord compression and that the pathology had worsened in the hours after 6:30pm when the CTG trace which monitors the baby’s heart rate became pathological.
Notwithstanding the signs of foetal distress it was claimed the baby wasn't delivered until 22 minutes past midnight on August 27th 2009. Leon was born with the umbilical cord wrapped tightly around his neck and required resuscitative treatment.
It was claimed there was an alleged failure to identify that the CTG trace was initially suspect and became pathological in the hours prior to the delivery of the baby.
Settlement
It was also claimed there was an alleged failure to appreciate the baby was suffering prolonged foetal distress probably due to cord compression and an alleged failure to identify or appreciate that the baby was suffering foetal hypoxia at any material time during labour.
It was further claimed there was an alleged failure to deliver the baby by caesarean section in a timely manner and that the mother’s labour had been prolonged unnecessarily.
All the claims were denied.
Leon’s mother, Leonie Hawkins told the court the family were happy with the settlement. She said it had been a long road for them and they hoped that Leon can now have a better quality of life into the future.
Approving the settlement Mr Justice Kevin Cross said the family had been well advised and the settlement was a good one. He wished Leon and his family all the best for the future.
