Trust liable in brain damage case

The woman was born at the Royal Victoria Hospital in 1985

A health trust has admitted liability in a major legal action brought by the family of a County Tyrone woman left brain damaged at birth 25 years ago.

Substantial, undisclosed damages are to be paid to cover future 24-hour care requirements for the woman.

The settlement was reached at the High Court on Tuesday.

Ahead of a planned two-week hearing of the action brought against the Eastern Health and Social Services Board, liability and causation was conceded.

Tuesday's decision brought to an end a 12-year legal battle by the parents of the woman.

The parents, who cannot be named, argued there was an unacceptable delay in delivering their daughter at the Royal Victoria Hospital in Belfast following an amniocentesis test in 1985.

During the procedure a needle passed through the placenta caused a feto-maternal haemorrhage, according to the family's case.

As a consequence the baby's blood pressure dropped, she was starved of oxygen and suffered moderate brain damage.

It was contended that the child should have been delivered immediately by caesarean section, rather than two days later.

'Future care'

The woman's mother said there was "no feeling of delight at the outcome".

"I don't feel that we have just won the lottery, but we are very pleased that we have come through the obstacles put in our way," she said.

"We have won our case for our daughter to secure her future care."

The family's lawyer, Mr Paddy Mullarkey, said the couple had made sure their daughter would always receive the care she needs.

"While it was a long struggle, at least at the very end of it the Trust did the right thing and admitted liability and causation in advance of the trial and saved a lot of heartache in having to run the case for a period of two weeks," he said.

The family will receive compensation and their full legal costs in bringing the case.

A spokesman for the Health and Social Care Board, which will make the payment, declined to comment on the case.