A 25-year-old Longford woman with spastic cerebral palsy who sued the National Maternity Hospital, Dublin has settled a High Court action for €8.25Million.
Rachel Barry who has to use a wheelchair the High Court heard hopes to get a third-level qualification so she can help other people who are disabled.
Counsel for Ms Barry, Des O'Neill SC instructed by Ciaran Tansey solicitor told the court the settlement was without admission of liability.
Counsel said it was their case had there been proper vigilance of the mother at the time, it would have led to an earlier delivery and she would have avoided a brain injury.
Mr O'Neill pointed out there was no protocol at the time for daily blood tests but this system has since changed at the hospital. However, Counsel said the Barry case must be judged on the 1997 standard.
Rachel Barry, Clonbalt Woods, Longford had through her mother Finola Barry sued the National Maternity Hospital, Holles Street, Dublin . She had claimed there was an alleged failure to diagnose her mother's infection after she was transferred to the hospital in April 1997.
It was claimed there was an alleged failure to have regard to the risk of infection and an alleged failure to diagnose the mother's infection.
It was further claimed there was an alleged failure to show appropriate vigilance for chorioamnionitis, a condition that can occur in pregnancy where the membrane around the foetus can get infected.
Ms Finola Barry on April 4, 1997 was admitted to Midlands Regional Hospital when her pregnancy was at 30 weeks and two days when she had spontaneous rupture of the membranes.
She was transferred to the National Maternity Hospital, Holles Street, Dublin.
It was claimed because the membrane had ruptured it meant there was an alleged risk of infection.
A decision was made it was claimed at the Dublin hospital not to deliver the baby until April 14,1997.
Approving the settlement Mr Justice Paul Coffey said it was fair and reasonable.
Outside court, Solicitor Ciaran Tansey said the settlement was a big step for the family.
"It will allow Rachel to live Independently and do all the things we all take for granted", he said.
Her mother Finola said her daughter was relieved the case was over.
