Young Man Settles €1.5 Million Claim Over Birth Negligence

A young man has reached a settlement of over €1.5 million in a High Court case alleging that negligence during his birth resulted in autism and an intellectual disability. Brian Naughton, now 19 years old and non-verbal, filed the lawsuit against the Health Service Executive (HSE) through his mother, Breda Naughton. The case centered on events surrounding his delivery at South Tipperary General Hospital on July 6, 2006.

During proceedings, the Naughton family argued that a delay in Brian’s delivery led to asphyxiation caused by the umbilical cord, ultimately resulting in a brain injury. This injury, according to their claims, caused him to develop autism spectrum disorder (ASD) and an intellectual disability. While the HSE denied that the incidents at the hospital were responsible for Brian’s conditions, the court noted that liability was contested on several grounds.

Settlement and Future Assessments

Mr Justice Paul Coffey approved the settlement agreement, which includes an interim payment of €1.575 million. This case is not entirely closed, as the court will reconvene in five years to assess Brian’s future care needs. The judge acknowledged that the HSE accepted there was a delay of one hour and 17 minutes in delivering Brian. However, they disputed claims that the delay was longer and insisted that the initial assessment of Brian’s condition in the days after his birth was adequate, albeit suboptimal.

The HSE’s defense also included a claim that Brian’s genetic condition was the actual cause of his ASD and intellectual disability. They argued that his current situation is a result of this genetic diagnosis. In response, Jeremy Maher SC, representing the Naughton family, stated that the HSE’s arguments regarding genetics lack credibility.

Claims of Medical Negligence

The family’s claims highlighted an alleged failure to promptly perform a Caesarean section and a neglect to properly interpret the CTG trace that monitors the baby’s heart rate. While the HSE admitted to certain delays, they consistently denied any direct link between their actions and the injuries suffered by Brian.

This case underscores the complexities involved in medical negligence claims, particularly those related to childbirth. The settlement not only addresses immediate financial concerns for Brian and his family but also sets the stage for future evaluations regarding his ongoing care and needs as he transitions into adulthood.