Girl (14) with cerebral palsy secures 1.5m settlement

Mary Malee (15), of Bohola, Co Mayo, leaving the High Court today with family members and their legal team. Photograph: Collins Courts

A teenage girl with cerebral palsy who secured a payment of 1.5 million under an interim settlement of her action over alleged negligence in her birth at Mayo General Hospital has told the High Court she would have appreciated an apology.

The settlement of Mary Malees action was made without admission of liability but her case was that, had she been delivered earlier, she would have been spared her injuries, the court was told.

Aongus OBrolchin SC, for Ms Malee, said she is a very bright and terribly popular girl with terrific family support who hopes to proceed to third level education. She has certain physical deficits but is coping exceptionally well, he added.

The case will return to the court in two years for assessment of costs of future care needs, including a house expected to cost about 500,000.

Ms Malee, sitting in a wheelchair, read a short statement to the court in which she said her condition is not equivalent to having a broken leg in a cast for eight weeks, but a life condition.

Cerebral palsy wont kill me, but I have to learn to live with it, she said. This shouldnt have happened to me and others like me. It would have been appreciated had the HSE/Mayo General Hospital, Castlebar said they were sorry, but at least the payment of the compensation lessens the future financial worries.

Ms Justice Mary Irvine, who sat beside Ms Malee while she read her statement, said it was very touching and moving. The judge approved the interim settlement as a very good settlement.

Ms Malee, Shanaghy, Bohola, Swinford, Co Mayo, through her mother Maura, had sued the HSE over alleged negligence in the circumstances of her birth at Mayo General Hospital, Castlebar on October 11th, 1999.

It was alleged there was failure to intervene and carry out a caesarean section in a proper and timely manner and failure to ensure the presence of a skilled paediatrician at the birth of the baby. It was also alleged it was known in advance of delivery the baby was suffering foetal distress and likely to require expert resuscitation.

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Girl (14) with cerebral palsy secures 1.5m settlement