Woman (48) with cerebral palsy settles birth management case against Coombe for €6.25m

Avril O’Brien, a 48-year-old woman with cerebral palsy, has reached an interim settlement of €6.25 million in a High Court action against the Coombe Hospital in Dublin. O’Brien, who has spastic diplegia, uses a wheelchair, and requires ongoing care, sued over the management of her birth in 1978.

Her case is thought to be the longest-standing birth negligence action ever brought before the courts. The settlement, reached after mediation, was made without an admission of liability by the hospital. Barrister Patrick Treacy, representing O’Brien, informed the court that the settlement represents five-eighths of the full value of the case.

O’Brien’s father, Paddy, expressed relief and happiness with the settlement outside the court. "We feel overwhelmed, it is a great settlement for us and we know now that Avril’s care needs for the rest of her days will be catered for," he stated. "She can live in her own house and she will have all the services she needs now. Over the years we had to fight for everything."

The case centered on claims that O’Brien’s mother, Catherine, who was admitted to the Coombe Hospital in April 1978, was discharged despite being overdue. She returned for a repeat induction 15 days past her due date. It was argued that a Caesarean section, performed after 4 p.m. on April 10th, should have been carried out earlier. The hospital denied all claims, including allegations of failure to counsel the mother on risks associated with pregnancies exceeding 42 weeks and a failure to proceed with an emergency Caesarean section in a timely manner.

This interim settlement is valid for 12 years, at which point the case will return to court to reassess Avril O’Brien’s future care requirements. Judge Paul Coffey approved the settlement, deeming it fair and reasonable given the litigation risks involved.

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We feel overwhelmed, it is a great settlement for us and we know now that Avril’s care needs for the rest of her days will be catered for. It is a great relief. She can live in her own house and she will have all the services she needs now. Over the years we had to fight for everything.