A six-year-old from Listowel who has cerebral palsy has settled his High Court action for €3.75 million.
Kyle Flavin sued through his mother Anita Flavin over the care he’d received following his premature birth at University Maternity Hospital, Limerick.
Kyle Flavin was born at 27 weeks premature, two minutes after his twin brother Callum, on April 26th, 2016.
Both baby boys were in good condition but transferred to the intensive care unit.
The HSE denied liability in the case.
It claimed the clinical care provided to address Kyle’s extreme prematurity and early clinical complications was appropriate and in keeping with acceptable clinical care standards.
The settlement represents 25% of the full value of the case.
The High Court heard that causation was at issue.
It was claimed that Kyle Flavin had been allegedly denied the opportunity to have the infusion of fresh frozen plasma for a problem with clotting.
Counsel for the boy, Liam Reidy instructed by Cantillon Solicitors, said it was their case that there was a failure to prevent a pulmonary haemorrhage that the child suffered.
It was stated that Kyle had also suffered another brain bleed.
All the claims were denied.
Kyle's mother Anita told the court what Kyle was getting was better than taking a chance by going to trial.
She told Mr Justice Paul Coffey: "I know it is a large amount of money but it's not what we hoped for. Kyle is very young. His future is uncertain. We fear for the unknown."
She said Kyle is "still fighting and doing well" and goes to the same school as his brother.
Mr Justice Coffey approved the settlement and said he was satisfied it reflected the litigation risk in the case.
He noted the sum offered was at the higher end achieved.
The judge conveyed his best wishes to Kyle and his family.
