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A 10-year-old boy who had to undergo a kidney transplant three years ago and will need another two in his life has settled for a High Court action of 1.85 million euros for his care at the time of his birth.
Yan Sun was born by caesarean section at Cork University Hospital in 2010 and suffered massive blood loss and kidney damage, his lawyer told the court. She had her first transplant three years ago.
His attorney Bruce Antoniotti SC, with James O’Donnell Bl instructed by Kent Carty Solicitors, told the court that it was his case that the baby should have been born earlier.
The lawyer said that if a wavy pattern had been noticed on the CTG trace and the baby had given birth earlier, that was his case, Yan Sun “would have escaped most or all of his injury.” He said that Yan Sun is going to need two more transplants. when she is between 20 and 50 years old.
The attorney said liability was at stake in the case and the HSE held that if the baby had been born earlier, it would not have made any difference.
Yan Sun, from Drumcondra, Dublin, through his mother Lihong Wang, sued the HSE for the care he received at CUH in February 2010.
Ms. Wang had gone to the hospital emergency room in the early hours of February 12, complaining of reduced fetal movements.
A CTG scan was started and Ms. Wang was transferred to the high dependency unit. It is claimed that despite clear recordings indicating a wavy pattern, which is indicative of fetal anemia, the baby was not born until 6.55am on February 12. The baby was in poor condition and at the time appeared to have suffered damage to her brain and kidneys.
Antoniotti told the court that Yan Sun suffered massive blood loss. Luckily there was no brain damage but there was kidney damage. He had to be ventilated for six days and was in the hospital for 26 days after his birth. The family had to move from Limerick to Dublin while he attends hospitals in the capital.
It was alleged that there was an alleged failure to identify the CTG trace pattern in a timely manner and an alleged failure to make an earlier delivery. It was further alleged that there was a presumed lack of immediate resuscitation of the baby and a presumed failure to properly examine the mother of the baby.
The claims were denied and the court heard that liability was at stake in the case.
The lawyer 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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