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Boy (8) settles case against National Maternity Hospital for €10m

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An eight-year-old boy with autism who sued over the circumstances of his birth at the National Maternity Hospital has settled his High Court action for €10 million.

Aston Shiels Flynn, the High Court heard, is on the highest scale of the autism spectrum, has limited speech and has developmental delay.

The settlement marks the end of an eight-year battle for Aston’s family and came about after prolonged negotiations, the High Court heard.

The case, Mr Justice Paul Coffey was told, is the second only such case before the courts where it was sought to establish an alleged link between autism and alleged hypoxic events at delivery.

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Aston’s mother, Michelle Shiels, told the court she was relieved at the settlement. “We can go on into the future now and try out best for our son,” she said.

Aston’s counsel, Richard Kean SC with Esther Earley BL, told the court the settlement represents 50 per cent of the full value of the case. He said liability and causation were fully contested by the hospital.

Counsel said it was a very distressing and difficult case for the family and they were overwhelmed and relieved that a settlement had been reached. He said Aston’s parents, Michelle Shiels and Damien Flynn from Gorey, Co Wexford, feel it will have a huge impact for their son.

He added it was their case that Aston should have been delivered four days earlier, and that the neo natal care was allegedly mis managed.
Alleged failures

Aston Shiels Flynn, from Gorey, Co Wexford, had through his mother, Michelle Shiels sued the National Maternity Hospital, Holles Street, Dublin, over the circumstances of his birth on March 7th, 2014.

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It was claimed there was an alleged failure to properly diagnose, treat and care for the baby and his mother.

It was also claimed there was an alleged failure to attach any or any due significance to CTG tracing of the baby’s heartbeat in the days before the delivery, which is alleged was non-reassuring, and the mother had been discharged home to await spontaneous labour when it was allegedly unsafe and unreasonable to do so.

It was further claimed there was an alleged failure to expedite delivery when the mother returned to the hospital on March 7th.

Aston it was claimed allegedly suffered acute hypoxia prior to and at his delivery.

There was also it was claimed an alleged delay in diagnosing that the baby had hyperinsulinaemic hypoglycaemia and there was an alleged failure to conduct all necessary investigations and seek specialist opinion within three hours of his admission to the neonatal unit.

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The claims were denied.

Approving the settlement, Mr Justice Paul Coffey said it was a very sad and tragic case and the accepted there were significant litigation risks in the case.
Fair and reasonable

The judge said the €10 million offered was a fair and reasonable settlement. He told Aston’s parents he was delighted they had reached a settlement and said he was sure it had been a great burden for them for a very long time.

He wished the little boy and his parents all the best for the future.

Outside court the family solicitor Georgina Robinson said the settlement marked the end of an eight-year battle for Aston’s parents.

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She said the settlement will secure Aston’s future and provide peace of mind to Michelle and Damien that Aston will be cared for, for the rest of his life.

“Today, Aston is a happy 8-year-old boy who despite his condition lives his life in the company of his loving family. Outside of this Aston does not speak, he does not understand simple instructions and cannot express his feelings,” she said.

She added: “Michelle and Damien have learned to manage Aston’s condition as best they can. Their own lives have been hugely affected. During this prolonged court process, they have been forced to relive the circumstances of Aston’s birth over and over again.

“Throughout this process they have only ever sought a fair settlement for Aston which will provide for his future and for specialist treatment which may help him become more independent. Therapy is key to Aston living his best life and today’s settlement will ensure that Aston receives the best treatment possible.”

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Gas Explosion kills man while he was preparing food (Photos)

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A Gas Explosion has killed a man at Ayimensah in the Greater Accra Region.

This sad incident happened this morning, Tuesday November 29, 2022.

Mr. Daniel, an agent was killed by the gas explosion this morning while preparing his breakfast.

The cylinder exploded and caught him in the fire.

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He was rushed to the hospital after the unfortunate incident but he passed away hours later.

The body has been kept at the morgue for autopsy and preservation.

ALSO READ  Gas Explosion kills man while he was preparing food (Photos)
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Crime

Native doctor shoots his client dead while testing bulletproof charm in Enugu

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Operatives of the Enugu State Police Command have arrested a 23-year-old native doctor, Odoh Emmanuel, for accidentally killing his client while testing a bulletproof charm he prepared for him.

Odoh shot the deceased, identified as Onunze Benedict, with a locally-fabricated single-barreled gun in his shrine while testing the potency of the charm he made for him.

According to the Command’s Spokesperson, DSP Daniel Ndukwe, who disclosed the incident in a statement released on Tuesday, November 29, the killing occurred in Isi-Uzo Local Government Area of the state.

The statement reads,

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“On 16/11/2022 at about 11.pm, police operatives serving in Isi-Uzo Police Division of the Command, arrested Odoh Emmanuel (male and a native doctor) aged 23, of Umuaram Village in Ikem community of Isi-Uzo LGA, for shooting and murdering his adult male client, one Onunze Benedict, of Eha-Amufu community in the same LGA.

“Preliminary investigation reveals that the suspect confessed to having used a locally-fabricated single-barreled gun to shoot and murder the said victim in his shrine at the mentioned location, while testing the gunshot protection charm he had prepared for him

“The gun has been recovered, while further investigation is ongoing at the Homicide Section of the State CID Enugu.”

The suspect will be charged to court once the police conclude their investigation.

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Crime

Ogun: Yahoo-boy kills girlfriend for refusing to remit fraud proceeds

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A 27-year-old suspected internet fraudster, otherwise known as Yahoo boy, Obeta John, has allegedly killed his girlfriend, Idowu Buhari over claims that she refused to remit to him, a proceed of fraud paid into the girl’s account by a victim.

The victim, an HND 1 student of Mass Communication, Gateway Polytechnic Saapade, Ogun State, was reportedly beaten to death by the suspect.

Abimbola Oyeyemi, the Ogun State police spokesperson, Abimbola Oyeyemi, said the suspect, was arrested Tuesday following a distress call received at the Ode-Remo divisional headquarters.

The police were informed that the suspect, a resident at 3, Mojubade Compound, Eredu Ishara, locked his door and started beating the girl, hitting her head against the wall.

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Efforts by neighbours to persuade him to open the door did not succeed, DAILY POST learnt.

Acting on the distress call, Oyeyemi said the DPO of Ode-Remo division, CSP Fasogbon Olayemi, had quickly led his officers to the scene, “where they met the victim in the pool of her blood after forcing the door open.”

The police rushed the victim to the State Hospital, Ishara, where she was pronounced dead by the doctor on duty.

The suspect said to be an indigene of Enugu State, is presently in police custody.

“On interrogation, the suspect informed the police that he is an internet fraudster and that a certain amount of money from one of his clients was paid into the account of his deceased girlfriend which she refused to relinquish to him,” Oyeyemi explained.

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He quoted the suspect as saying that the fight over the said money had eventually led to the death of the girl.

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Meanwhile, the State Commissioner of Police in Ogun, Lanre Bankole, has ordered the transfer of the suspect to the State CIID for further investigation and prosecution by the homicide team.

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