Courts / Kilkenny / Report

Court approves €4m settlement for brain damaged woman

Date
2016-12-09

Stage
Trial

Primary locality
Johnstown

Summary

The High Court approved a €4 million settlement for 27‑year‑old Rachel McCarthy, who had sued the HSE for medical negligence after her birth at St Luke's Hospital, Kilkenny, on 9 December 1989. Rachel's mother, Noreen, brought the action on her behalf, alleging that the HSE failed to provide adequate care during the delivery, that a lack of oxygen caused permanent brain injury, and that Rachel should have been delivered by caesarean section earlier that day. The HSE denied all allegations and the settlement was reached without admission of liability. Counsel Jeremy Maher SC described the settlement as a good one, representing 75 % of the claim's full value. Mr Justice Raymond Fullam approved the settlement on Friday evening, wishing the McCarthy family well. The settlement was reached without any admission of fault by the HSE.