Boy Settles €3.5 Million Case After Birth Injury at Cork Hospital

A four-year-old boy with cerebral palsy has secured a settlement of €3.5 million following a High Court case concerning the circumstances of his birth at Cork University Maternity Hospital (CUMH). The settlement, which provides interim financial support, comes as a result of legal proceedings initiated by the boy’s family regarding the care received during his birth on January 21, 2021.

CJ Bohane was born alongside his twin brother, Patrick, who tragically passed away one day after their birth. Outside the Four Courts, CJ’s mother, Joanne Duggan, expressed the profound sorrow of that day, stating, “It should have been the happiest day of our lives, but unfortunately, it was the worst.” She emphasized the lasting impact of the events, noting that one son was lost while the other was left with severe brain injuries.

In court, CJ’s counsel, Oonah McCrann SC, representing the family, detailed the circumstances leading to CJ’s condition. According to Ms. McCrann, a diagnosis of HELLP syndrome—a serious complication that affects the blood and liver—should have been made, which would have led to an emergency Caesarean section. She indicated that a critical monitoring trace of the baby’s heartbeat was discontinued approximately six hours before the delivery, a decision that could have contributed to the tragic outcome.

Ms. McCrann asserted that had the twins been delivered just 30 minutes earlier, the prognosis might have been significantly better. The court heard that CJ now suffers from severe hypoxic ischemic encephalopathy, resulting in lifelong challenges, including an inability to walk or talk. The family has claimed that the hospital failed to recognize the urgency of Ms. Duggan’s symptoms when she presented for care early on January 21.

Despite these claims, the hospital and the Health Service Executive (HSE) have denied all allegations of negligence. The settlement reached after mediation will provide financial support for CJ’s care over the next five years. The court is scheduled to reconvene in 2030 to assess CJ’s future care requirements.

The emotional toll on the family has been profound. Ms. Duggan shared that CJ is “the only thing that keeps us going through the grief we have suffered.” She described her son as a “beautiful boy” who continues to smile despite his challenges. “He will never walk or talk, and will require around the clock care for the rest of his life,” she added, reflecting on the ongoing difficulties they have faced over the past four and a half years.

The family views the settlement as a step toward healing, with Ms. Duggan stating that they have finally “got some comfort for CJ,” emphasizing that the settlement “means everything” to them.