Boy settles with hospital he accused of causing his autism

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ASPartOfMe
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22 Jun 2019, 1:38 am

Boy with autism settles test case against NMH over circumstances of birth for €7.25m

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A 13-year old boy who had sued over the circumstances of his birth at the National Maternity Hospital, Dublin has settled his High Court case for €7.25million.

The settlement for Finn Phillips who is on the autism spectrum is without an admission of liability

Counsel for Finn Phillips, Jeremy Maher SC told the court the action was a test case. It was the contention of the Phillips side the boy is on the autism spectrum allegedly as a result of issues which arose during his birth at the Dublin Hospital.

The claims are denied by the National Maternity Hospital.

Mr Maher instructed by solicitor Cian O’Carroll told the court the essence of their case was the protracted labour and difficult birth were the alleged cause of Finn’s autism.

Counsel said it was a test case and this issue had never been determined by a court in Ireland, the UK “or anywhere.”

Finn, he said was born limp and unresponsive.

Finn Phillips, Village Road, Lusk, Co Dublin had through his mother Lisa Marie Murphy sued the National Maternity Hospital, Holles Street, Dublin over the circumstances of his birth on July 30, 2005. Finn was delivered by ventouse delivery and it is claimed he was allegedly unnecessarily exposed to both asphyxia and trauma from the vacuum extraction and therefore was allegedly unnecessarily exposed to their potential long term consequences. The injuries suffered it was claimed included developmental delay and autism.

There was it was claimed an alleged failure to manage Finn’s mother’s labour appropriately and an alleged failure to intervene in time.

It was further claimed an alleged excessive number of pulls had been applied to deliver Finn and the baby had been allegedly subjected to excessive tractions.

The claims were denied.


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EzraS
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22 Jun 2019, 7:27 am

My birth had complications.

Hmmm...

$$$$$!



Exuvian
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22 Jun 2019, 10:45 pm

Did someone say Auti$m $pectrum? :chin:



jimmy m
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22 Jun 2019, 11:03 pm

Strange. The article said the claims were denied. But then it also said A 13-year old boy who had sued over the circumstances of his birth at the National Maternity Hospital, Dublin has settled his High Court case for €7.25million. So which is it?

By test case they mean that if they win they will release a floodgate of lawsuits.

Vacuum extraction (VE), also known as ventouse, is a method to assist delivery of a baby using a vacuum device. It is used in the second stage of labor if it has not progressed adequately. It may be an alternative to a forceps delivery and caesarean section.


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MrsPeel
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22 Jun 2019, 11:21 pm

I had a really long labour with my son and he was pulled out with a ventouse. He's on the spectrum, too.
I actually think there is a correlation between maternal stress, difficult births and autism in the child - but there aren't many studies on this.



Exuvian
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22 Jun 2019, 11:23 pm

jimmy m wrote:
Strange. The article said the claims were denied. But then it also said A 13-year old boy who had sued over the circumstances of his birth at the National Maternity Hospital, Dublin has settled his High Court case for €7.25million. So which is it?
I think it's both. The hospital denied his allegations, but settled stipulating that there be no admission of liability.
jimmy m wrote:
By test case they mean that if they win they will release a floodgate of lawsuits.
Possibly, if it set a precedent for similar suits.