Interim settlement of €1.5m for ‘feisty, brave and courageous’ girl with cerebral palsy 

A girl with cerebral palsy who sued over the circumstances of her birth at South Tipperary General Hospital has settled her High Court action. 
Under the settlement, Clodagh Walsh has secured a €1.5 million interim payment to cover her care for the next six years. 
 
After that, the case will return to the court for future care needs to be assessed. 
 
Oonah McCrann SC, instructed by Ernest Cantillon solicitor, for Miss Walsh, told Mr Justice Kevin Cross their case was that there was alleged delay of about an hour in the delivery of the child in February 2009 at the hospital in Clonmel. 
 
Counsel said Clodagh has mobility and balance issues but, due to the efforts of her parents and the fact that Clodagh is feisty, brave and courageous, she is doing remarkably well. 
 
Through her father Alan Walsh, Kilbrien, Ballinamult, Co Waterford, Miss Walsh brought the case against the HSE over the circumstances of her birth on February 3rd, 2009. 
 
It was alleged there was failure to properly manage the labour of Clodagh’s mother and to recognise or act on the deterioration in the baby’s CTG trace after 7am on February 3rd, 2009. 
 
It was further claimed there was failure to delivery the baby within 30 minutes and by 7.40am, after the non-reassuring CTG pattern at 7.10am. 
 
It was claimed 67 minutes had been allowed to elapse between the decision to deliver the baby by Caesarean section and the actual delivery. 
 
When Clodagh was delivered, she was in poor condition, had to be intubated and ventilated and her first gasp was at 30 minutes old. 
 
Mr Justice Cross was told liability was admitted in the case. 
 
Approving the settlement, Mr Justice Cross commended Clodagh’s parents for the way they have taken care of her and said they were acting in her best interests in accepting an interim settlement. 
 
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