Boy settles with hospital he accused of causing his autism
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Boy with autism settles test case against NMH over circumstances of birth for €7.25m
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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Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
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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