The National Maternity Hospital had its own medical experts to refute Finn’s case. Negligence, the cause of Finn’s autism from birth negligence, his current and future requirements were fully disputed. The Hospital argued that the decision to proceed with the vacuum delivery was appropriate. The Hospital further argued that the cephalo-haematomas almost certainly contributed to Finn’s early discomfort and early neonatal clinical concerns, but these subsequently resolved. Normal cord gases and normal brain imaging at day five of life and at age two went against an acute ischaemic (restriction in blood supply) event. According to the Hospital there was no evidence of intracranial injury with respect to brain functioning. Therefore, Finn's developmental delay and probable autism were unlikely to be related to peri-partum delivery events. The Hospital further maintained that Finn’s autism could be due to an underlying possible genetic disorder.
Despite this strong defence put forward by the Hospital, Lisa and Finn successfully brought a “test case”. It was the first case of its kind in Ireland seeking to prove the alleged negligence in the circumstances surrounding Finn’s birth caused his subsequent development of autism, behavioural problems and developmental delay. Cian O’Carroll Solicitors retained 17 experts on Finn’s behalf to prove his case. However, Finn’s case was fully defended by the Hospital from the very start right up-to the mediation in June 2019 that resulted in the settlement of €7.25 million. The settlement was, however, made without an admission of liability. Meaning, the Hospital did not admit Finn’s case whereby any birth negligence caused his subsequent development of autism. It was, nevertheless, possible to reach a detailed settlement with the Hospital and this €7.25 million will ensure that Finn’s needs are met for the rest of his life.