Birth Negligence Compensation Action of €60,000 Heard in High Court

A 15-year-old boy who alleges that he sustained a wound to his face during when his mother giving birth to him via Cesarean Section in 2003 has filed a €60,000 birth injury compensation action against the master of the National Maternity Hospital and Dr Stephen Carroll, the surgeon who operated on his mother.

Through his barrister Mark O’Connell Rory Saunders and his mother Noeleen Saunders, of Silchester Park, Glenageary, informed Circuit Court President Justice Raymond Groarke that his cheek was lacerated during the delivery.

The Cesarean section compensation action was taken, Mr O’Connell told Justice Groarke, due to the consequences of the steps taken at the time of Rory’s birth on September 9, 2003. It is claimed that the scalpel employed in the procedure by Dr Carroll cut Rory’s left cheek. Following the deliverythe wound was cleaned and Steri-Strips were applied.

Rory now has a permanent 2.5cm scar on his cheek, which can be seen when standing close to him. The wound, Judge Groarke was told, is more visible during the summer season. In addition to this, the scar has become a source of stress for Rory due to negative teasing and mocking at school and among his friends.

Dr Carroll, who is a consultant obstetrician and gynaecologist and a specialist in high-risk pregnancies, and the National Maternity Hospital denied the claims in relation to medical negligence. Specialist plastic surgeon Matt McHugh said that he felt that the laceration was not going to improve in the future.

Judge Groarke was provided with the medical reports of two renowned consultants during proceedings and was also informed that a birth injury compensation offer of €25,000 had been made to Rory.

Judge Groarke stated that he was not content with the compensation offer before the court and remarked that one medical report appeared to give “a very blunt view” on the issue. The Judge said that be believed that the specialist in question, who had not seen his colleague’s medical report before giving his opinion, should be asked to further review the other medical report to see if there was any new considerations for him.

The Cesarean section compensation hearing was adjourned to for more time for the medical reports to be considered by all parties.