Niall Monks an eleven year old boy who suffers from cerebral palsy and other birth defects, was awarded €2.8 million in an agreed settlement stemming from his birth at the Coombe hospital in Dublin. The settlement which was reached under the aegis of the High Court and approved by Mr. Justice Michael Hanna, did not address the issue of the hospital’s liability in the matter.
The case was characterized by fundamental disagreement between the expert medical witnesses brought by the opposing sides concerning the facts of the case. It was because of this that the Monk’s lawyer, Denis McCullough SC recommended that they agree to the sum being offered by the hospital, despite the fact that there was no admission of liability on their side.
Niall, who’s right arm is severely affected by Erb’s palsy in addition to having cerebral palsy, and who is totally dependent upon his parents for his mobility, brought this legal action through his mother, Maria.
In presenting the boy’s case, Mr. McCullough gave Niall’s date of birth on the 16th of July, 1997, at Coombe Hospital. He claimed that Niall had suffered shoulder dystocia – a condition in which the anterior shoulder of the infant cannot pass through the birth canal as it is prevented from moving past the mother’s pelvis. This he further claimed contributed to the oxygen distress, resulting in brain damage, all of which came about from mismanagement of his birth. This they claim could have been prevented if

1. The baby’s heart beat had been properly monitored during all stages of his birth and,
2. Competent medical assistance had been brought in on this complicated case.

Defendant’s Counsel argued that Niall had been born dead but was resuscitated, denying all claims of mismanagement of the birth
Mr McCullough argued that if the case would have been tried by a full hearing, and if he had succeeded in proving all of his claims, the resulting damages would have reached €5 million.
Coombe offered to pay Niall 65 per cent of that amount. Dr. Roger Clements was convinced that the settlement sum of €2.8 million was very fair..
After considering all of the opinions offered by the opposing “experts”, Mr. Hanna said had no hesitation in approving the settlement.
For her part, Mrs. Monk admitted that their family was pleased with the verdict.