Cootehill boy sues CGH for €9.1m

 

A seven-year-old boy from Cavan, who sued the Health Service Executive over the circumstances of his birth at Cavan General Hospital in 2011, has settled his High Court action for €9.1m.

Jarrah Folkman (7) of Station Road, Cootehill has cerebral palsy. He cannot talk or walk, and his mother heartbreakingly told the court that she will never hear her son's voice.

Elysha McCrudden said while the settlement would go a long way towards her son's care, she still felt that windows of opportunity for Jarrah had been lost.

Ms McCrudden said for the last seven years she and Jarrah's father, Ben Folkman, have been made feel that what had happened was their fault.

Approving the settlement, Mr Justice Kevin Cross praised Jarrah's parents for the care they have given him night and day.

"Don't think it's in any way your fault," the judge told his parents.

Jarrah had sued the HSE through his mother over the circumstances of his birth at Cavan General Hospital on 19 April 2011.

It was claimed there was a failure to correctly interpret the CTG trace, which showed a number of decelerations when Ms McCrudden presented at the hospital on 15 April 2011.

At that stage she was sent home. But she returned to the hospital two days later.

It was claimed following Ms McCrudden's admission there was a failure to note and/or to heed that the initial CTG trace was decelerativ,e and a failure to put a plan in place for continued close monitoring and expedited delivery.

On 18 April 2011, it was alleged there was, for a time, a failure to carry out any CTG monitoring of her baby.

It was alleged that an unsafe set of conditions had been allowed to persist during the course of Ms McCrudden's labour.

The baby, it was claimed, should have been born some time on 16 April. However, there was a failure on 19 April to take any or any timely action hours earlier in response to the non-reassuring features on the CTG trace.

Liability was admitted in the case, which was before the court for assessment of damages only.

Denis McCullough, Senior Counsel for Jarrah, told the court that when he was born he was flat and unresponsive and he required resuscitation.

The family, he said, had lived for a time in Australia, but had returned to Ireland in 2013.

Jarrah needs 24-hour care, and while the boy does not have speech, his parents can interpret his sounds.

Counsel said Jarrah smiles and is a content child.

Approving the settlement, Mr Justice Cross wished the local family well.