clinical care | 

Kerry boy (6) with cerebral palsy who sued hospital after premature birth settles for €3.75m

Kyle’s mother Anita Flavin told the court what Kyle was getting was better than taking a chance by going to trial.

University Maternity Hospital, Limerick


A six-year-old boy with cerebral palsy who sued over the care he received in a hospital ICU after his premature birth has settled his High Court action for €3.75m.

Kyle Flavin was born at 27 weeks, two minutes after his twin brother Callum, at University Maternity Hospital, Limerick. on April 26,2016 and both boys were in good condition but transferred to the ICU.

Liability was denied in the case by the HSE and the court heard that causation was at issue.

The settlement represented 25pc of the full value of the case.

The HSE claimed the clinical care provided to address Kyle’s extreme prematurity and early clinical complications was appropriate and in keeping with acceptable clinical care standards.

Kyle’s Counsel Liam Reidy SC, instructed by Cantillons Solicitors, told the court the case related to Kyle’s care in the maternity hospital ICU.

Counsel said Kyle was given Vitamin K and it was noted later he had bruising and later a bleed in one side of his brain.

It was their case the baby was given more Vitamin K and it was their contention this was” the wrong course of action”, counsel said.

Their experts would claim the baby should have been given fresh frozen plasma for a problem with clotting, he said.

It was their case Kyle later suffered a pulmonary haemorrhage and another brain bleed, he said.

Kyle’s mother Anita Flavin told the court what Kyle was getting was better than taking a chance by going to trial.

“I know it is a large amount of money but it’s not what we hoped for. Kyle is very young His future is uncertain . We fear for the unknown,” she said.

When her twins were born, Kyle was slightly smaller than his brother, but he was a fighter and she and her husband Paul thought Kyle was the stronger baby at the time, she said.

She said Kyle “is still fighting and doing well” and goes to the same school as his brother.

Kyle, from Listowel, Co Kerry, through his mother, sued the HSE over the treatment he received at University Maternity Hospital Limerick in 2016.

It was claimed Kyle had been denied the opportunity to have the infusion of fresh frozen plasma.

There was an alleged failure to prevent pulmonary haemorrhage.

It was further claimed there was a failure to recognise and treat the baby’s coagulopathy on April 27, 2016, and he suffered a pulmonary haemorrhage and consequent intraventricular haemorrhage.

All the claims were denied.

Approving the settlement Mr Justice Paul Coffey was satisfied it reflected the litigation risk in the case.

He conveyed his best wishes to Kyle and his family.

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