MEDICAL NEGLIGENCE
Post-birth Care Claim
James Prior, a twelve-year-old sued the HSE through his mother for the care he received after his birth.
It was claimed that he suffered difficulties because of the care and management by the hospital. It was submitted
to the court that he had missed many milestones in his life. He did not smile until he was three months old and did
not walk until he was three. His claim was that there was a failure by the hospital to exercise reasonable care in and
around his management and treatment in the neonatal period. He was born in Mullingar Regional Hospital in 2012 but
was transferred to a Dublin hospital when he became unwell.
The court heard that a cranial ultrasound on the day after his birth was clear, but five days later it showed difficulties
with the baby’s brain cells.
Emergency measures should have been taken it was submitted. The transfer of the baby to the Dublin hospital was
a two-hour journey by ambulance.
In the case heard in the High Court, the HSE denied all of the claims.
The case was settled by mediation between the parties and the matter came before the High Court to approve the
settlement. The terms reflected a 25% reduction on the full value sought to account for the litigation risk in the case.
The matter will come before the court again in the future to assess James’s loss of earnings and future care needs. The amount
agreed between the parties in mediation and approved of by the court was €1,500,000.
James Prior (Suing by His Mother, Tracey Carroll) v HSE High Court (Coffey J) 11 December 2024.