Damien Tansey Solicitors LLP acted for a 25-year-old Longford woman with spastic cerebral palsy in an action which settled for €8.25 million. The firm issued High Court proceedings against the National Maternity Hospital in 2017 and this culminated with one of the largest settlements ever ordered on by the Irish Courts, without admission of liability. The timeline of birth started at 20 weeks when there was a spontaneous rupture of the membranes, with transfer from Midlands Regional Hospital to the National Maternity Hospital.
The principal arguments made by the firm were as follows:
(1) because the membrane had ruptured, it meant there was a risk of infection;
(2) there was a failure to diagnose the maternal infection, namely chorioamnionitis, a condition that can occur in pregnancy where the membrane around the foetus can become infected; and
(3) had there been proper vigilance by the hospital authorities at the time, it would have led to an earlier delivery, thereby avoiding brain injury.
The firm’s team was led by Ciaran Tansey (Partner). Follow this link to hear an interview with Ciaran Tansey discussing this significant victory.
