AN-EIGHT-YEAR-old boy with autism who sued the National Maternity Hospital (NMH) over the care provided to him at the time of his birth has settled his High Court action for €10 million.
Parents Damien and Michelle, on behalf of their first-born son Aston Shiels Flynn, took a case against the hospital in relation to the care he received when he was born, which it is claimed resulted in the eight-year-old developing autism, global developmental delay, sensory processing disorder and ADHD.
The settlement is the largest for an autism related birth injury in the history of the State.
The NMH had denied that Aston’s condition was a result of either his pre or post-natal care.
Speaking outside the court, solicitor Georgina Robinson on behalf of the family said the settlement marks the end of an eight-year battle fought by Aston’s parents, Damien and Michelle, on behalf of their first-born son.
“Aston was born on 7 March 2014 in the National Maternity Hospital by emergency caesarean section. His birth was traumatic, and he required resuscitation at birth. During what should have been a joyous event for Michelle and Damien, Aston suffered a seizure in his mother’s arms in the ICU at 2 days old,” Robinson said.
“In the opinion of Aston’s medical experts, he suffered prolonged and profound episodes of hypoglycaemia resulting in his condition of Autism, Global Developmental Delay, Sensory Processing Disorder and ADHD.
“Today’s case was listed for full hearing before the High Court and, while their battle for Aston has been a long one, Michelle and Damien are delighted to have achieved today’s settlement for Aston, albeit at the twelfth hour.”
She said the settlement “will secure Aston’s future and provide peace of mind to Michelle and Damien that Aston will be cared for, for the rest of his life”.
“Today, Aston is a happy 8-year-old boy who despite his condition lives his life in the company of his loving family. Outside of this Aston does not speak, he does not understand simple instructions and cannot express his feelings,” she continued.
“Michelle and Damien have learned to manage Aston’s condition as best they can. Their own lives have been hugely affected. During this prolonged Court process, they have been forced to relive the circumstances of Aston’s birth over and over again.
“Throughout this process they have only ever sought a fair settlement for Aston which will provide for his future and for specialist treatment which may help him become more independent. Therapy is key to Aston living his best life and today’s settlement will ensure that Aston receives the best treatment possible.”
She thanked the court, Aston’s medical legal experts and his entire legal team on behalf of the family “for all they have done to achieve today’s result for Aston”.
“They hope Aston’s case will lead to a focus within our medical system on the standard of health care afforded to women in pregnancy and for greater resources to be applied throughout our public health care system to children with autism and associated neurological conditions.”
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