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The High Court has approved a settlement of 1.8 million euros in the case of a 10-year-old boy who suffered kidney damage at birth.
Yan Sun, from Drumcondra in Dublin, has had one kidney transplant and will need two more in his lifetime, the High Court was told.
She delivered by cesarean section at Cork University Hospital on February 12, 2010.
The boy’s lawyers said his mother had gone to the emergency department reporting decreased fetal movement.
They said that if a wavy pattern had been noticed on a CTG monitor indicating fetal anemia and the baby had delivered earlier, it could have prevented “most or all of his injury.”
When he was turned over, he had suffered massive blood loss and kidney damage, the court was told.
The HSE had denied the claims and said an earlier delivery would not have made any difference.
The boy sued the HSE through his mother, Lihong Wan, for the care he received at CUH.
Lead attorney Bruce Antionotti said the boy had suffered massive blood loss but was lucky there was no brain damage.
He had to be bandaged for six days afterward and was in the hospital for 26 days after his birth.
The family had to move from Limerick to Dublin, where he attends the hospital.
In its action before the Superior Court it was alleged that the CTG trace pattern could not be identified in time and a prior delivery was not carried out.
It was further alleged that the baby could not be quickly resuscitated and it was alleged that the baby’s mother was not properly examined.
The claims were denied and the court heard that liability was at stake in the case.
Antionotti said that Yan Sun leads a full and active life. He likes school and is doing very well and is fluent in both Mandarin and English.
In approving the settlement, Judge Kevin Cross said he knew Yan Sun and his family had been through a lot, but thankfully the boy did much better.
The judge said the settlement was very good and he wished the family all the best for the future.
The High Court also heard that a separate action taken by the child’s mother had also been resolved.
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