A Mayo girl with cerebral palsy has secured a €10 million lump sum payment under a final settlement of her action against the HSE over the circumstances of her birth at Mayo General Hospital.

The payment increases to €12.2m the total amount paid to Rachel Gallagher, now aged 11, of Straide, Foxford.

Through her mother, Rachel sued the HSE over the circumstances of her birth on September 28th, 2006.

Denis McCullough, Senior Counsel  for the family, said her parents wanted to finish the legal process with a lump sum payment because they, and Rachel, found the process of undergoing medical examinations and assessments before a number of court appearances was very difficult.

Approving the settlement, the President of the High Court, Mr Justice Peter Kelly, said this would have been Rachel’s third time in court.

He said that, before coming to court, she had to go through “a battery of tests and assessments” each time, creating a lot of stress for herself and her family.

The court heard that Rachel needs one-to-one care because she is at risk of falling but is in fifth class at school and it is hoped she will go on to secondary school and university.

Counsel said €10 million was reasonable and her parents are satisfied it is a fair and reasonable figure.

The judge said the settlement was a good one and will provide for Rachel for her life and he would approve it. Through her mother, Ciara Hynes, Rachel sued the HSE over the circumstances of her birth on September 28, 2006.

Ms Hynes was admitted to Mayo General on September 27, 2006 and the next morning they started to induce the birth. It was claimed there was a failure to properly manage and monitor the labour, delivery and birth of the baby.

The court heard negligence was admitted in the case.






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