€7.25m Settlement approved for boy who suffered traumatic brain injury and induced autism at birth in landmark case

Irish Times Report on case

RTE report on 'Test Case' outcome

Cian O’Carroll Solicitors acted for Lisa Marie Murphy in her High Court medical negligence case concerning the traumatic circumstances of the birth of her son Finn Phillips in July 2005 at the National Maternity Hospital and his subsequent diagnosis of autism, behavioural problems and developmental delay that settled for €7.25 million in mid -June 2019.
 

Having read the maternal birth injuries post on Cian O’Carroll Solicitors’ website in November 2016, Lisa decided to try to get answers on whether there was substandard or negligent medical care provided to Finn at birth that caused his autism. Cian O’Carroll Solicitors commenced a detailed and complicated medico-legal investigation that ultimately resulted in identifying a strong medical negligence case for Finn against the National Maternity Hospital. Numerous medical experts were retained to identify and support Finn’s case. The crux of Finn’s case was that during labour and the instrumental vacuum delivery he was unnecessarily subjected to a prolonged period of asphyxia (lack of oxygen), excessive traction and trauma (from the vacuum delivery) that ultimately caused his subsequent developmental delay, behavioural problems and autism. Finn suffered hypoxia (lack of oxygen) at birth evident by a low APGAR score, a left sided focal seizure at 8 hours of age and MRI scan on day 5 of life that showed evidence of cephalo-haematoma and subdural haematoma (a collection of blood outside the brain). Cephalo-haematoma is a collection of blood outside the skull that can occur in 13% of vacuum deliveries. 19 medico legal reports, in total, were required to fully prepare Finn’s case for trial in the High Court. 
 
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.