A 48-year old woman with cerebral palsy who sued over the management of her birth at the Coombe Hospital, Dublin, has settled a High Court action with a €6.25 million interim settlement.Avril O’Brien – who has spastic diplegia, has to use a wheelchair and needs continuing care – was born in 1978.Her case is believed to be the oldest ever such birth action alleging negligence before the courts.Barrister Patrick Treacy, appearing for O’Brien instructed by Cian O’Carroll solicitors, told the court the settlement against the hospital represented five-eighths of the full value of the case and was reached after mediation. The settlement was without an admission of liability. Outside court, O’Brien’s father Paddy, from Kildangan, Co Kildare, said the family – who had to fight for services for their daughter over the last four decades – were happy with the settlement.“We feel overwhelmed, it is a great settlement for us and we know now that Avril’s care needs for the rest of her days will be catered for. It is a great relief,” he said. “She can live in her own house and she will have all the services she needs now. Over the years we had to fight for everything.” Counsel told the court that O’Brien’s mother Catherine attended the Coombe Hospital at the start of April 1978 for induction of labour. It was not successful and she was discharged home.Treacy said that at that stage the mother was 10 days over her expected due date. She returned to the hospital on April 10th for a repeat induction at 15 days overdue. Counsel said the baby was delivered by Caesarean section after 4pm but it was their case that a Caesarean should have been performed earlier.[ Police appeal for calm ahead of anticipated Belfast protests following knife attackOpens in new window ]Treacy said there were significant issues in the action over the alleged delay in bringing the case. Also at issue in the case was the assessment of the standards of care in maternity hospitals in 1978. He said an expert on their side contended that the proper practice at the time was allegedly not followed, but this was disputed by an expert on the hospital side.Avril O’Brien, from Kildangan, Co Kildare, had through her father Paddy O’Brien sued the Coombe Women and Infants University Hospital, Dublin, over the management of her birth.In the proceedings it was claimed there was an alleged failure to counsel the mother in respect of the risks of allowing the pregnancy to proceed beyond 42 weeks.It was further claimed that over two hours before the delivery by Caesarean section on April 10th, there was an alleged failure to proceed by way of emergency Caesarean section.All of the claims were denied.The interim settlement is for the next 12 years, when the case will come back before the court for future care needs to be assessed.Approving the settlement, Judge Paul Coffey said it was fair and reasonable considering the litigation risk in the case. The judge referred to the magnificent care O’Brien’s parents had given her until now and said he was delighted the case had been resolved to the satisfaction of the O’Brien family.