When a child suffers a life-altering injury during birth due to medical negligence, the impact on their family is immeasurable. Recently, a Co Tipperary boy, Graysen Reid, received a €5 million interim settlement after his legal team successfully demonstrated that failures in his care led to an acquired brain injury. This case, resolved through mediation with the HSE accepting 80 per cent liability, underscores the critical importance of seeking legal guidance when medical negligence causes harm.
For families navigating similar circumstances, understanding your rights and the legal process can provide a pathway to justice and the financial support needed for ongoing care. This article examines the details of Graysen’s case, explores the legal framework surrounding medical negligence claims in Ireland, and explains how experienced solicitors like those at HOMS Assist can help families secure the compensation they deserve.
Background of Graysen Reid’s Case
Graysen Reid was born prematurely on December 23rd, 2019, at South Tipperary General Hospital. What should have been a time of joy quickly became a nightmare for his family. The legal proceedings alleged that medical staff failed to recognise and appropriately respond to an upper airway obstruction and windpipe floppiness following his birth.
At just 12 days old, Graysen experienced an acute deterioration that required multiple attempts to intubate him. The situation worsened on March 25th, 2020, when he suffered a respiratory arrest while having a nasogastric tube placed, leading to hypoxic ischemic encephalopathy—a severe form of brain damage caused by oxygen deprivation. Then, in June 2020, Graysen suffered a cardiorespiratory arrest in the car park of the Tipperary hospital.
These medical emergencies have left Graysen with profound disabilities. He now lives with cerebral palsy, is non-verbal, has neurodevelopmental delay and visual impairment, and requires the use of a wheelchair. The settlement reached after High Court mediation provides an initial €5 million payment, with the case scheduled to return to court in five years for assessment of his future care needs.
Understanding Medical Negligence and Legal Liability
Medical negligence, also known as clinical negligence, occurs when a healthcare professional acts—or fails to act—in a manner that results in personal injury or death. In Ireland, establishing negligence requires demonstrating that the care provided fell below the standard that any other equally qualified professional would have delivered under similar circumstances.
In Graysen’s case, the HSE accepted 80 per cent liability, acknowledging significant failings in his treatment at both South Tipperary General Hospital and Cork University Hospital. This acceptance of liability was crucial in reaching a settlement without the need for a protracted trial, allowing Graysen’s family to access vital funds more quickly.
Medical negligence claims involving birth injuries can be particularly complex. They often require extensive medical records, expert testimony, and a thorough understanding of obstetric and neonatal care standards. Proving that negligence directly caused the injury demands both legal expertise and medical knowledge—a combination that specialized solicitors provide.
The Importance of Seeking Legal Advice
If you believe your child has suffered an injury due to medical negligence, seeking legal advice should be a priority. Many families hesitate, unsure whether they have grounds for a claim or concerned about the emotional toll of legal proceedings. However, pursuing a medical negligence claim serves several important purposes:
Financial Security: Caring for a child with severe disabilities requires substantial resources. Compensation can cover ongoing medical treatment, rehabilitation, specialized equipment, home modifications, and support services that improve quality of life.
Accountability: Legal action holds healthcare providers accountable for substandard care, potentially preventing similar incidents from affecting other families.
Peace of Mind: Having experienced legal representation removes much of the burden from families, allowing them to focus on their child’s wellbeing while professionals handle the complexities of the case.
In Ireland, time limits apply to medical negligence claims. Generally, parents acting on behalf of an injured child can file a claim any time before the child’s 18th birthday. However, seeking legal advice early ensures that crucial evidence is preserved and that your case can be built on the strongest possible foundation.
How HOMS Assist Supports Families in Medical Negligence Cases
HOMS Assist has built an impressive track record over 55 years of representing families affected by medical negligence, including birth injuries and acquired brain injury cases. Their approach combines legal expertise with genuine compassion, recognising that behind every case is a family dealing with extraordinary challenges.
The firm’s process begins with an initial consultation where solicitors carefully listen to your situation and assess the viability of a claim. If there are grounds to proceed, the team gathers comprehensive evidence, including medical records from all healthcare providers involved. These records are meticulously reviewed, and independent medical experts assess whether the care provided fell below expected standards.
HOMS Assist then drafts a Letter of Claim that clearly outlines the case and invites the responsible medical practitioners or hospitals to settle. Throughout this process, the solicitors provide clear guidance, ensuring families understand each step and feel supported. Their expertise in acquired brain injury cases means they grasp the long-term implications of these injuries and can accurately project future care needs when calculating appropriate compensation.
With offices in Dublin, Cork, and Limerick, HOMS Assist offers accessible, nationwide services. Their dedication to client wellbeing extends beyond legal representation—they ensure every client’s voice is heard and their concerns are addressed with empathy and professionalism.
Types of Medical Negligence in Birth Injury Cases
Birth injuries can result from various forms of medical negligence, including:
Failure to Monitor: Inadequate monitoring of the mother and baby during pregnancy, labour, or delivery can miss warning signs of complications such as fetal distress or oxygen deprivation.
Delayed Response: When healthcare providers fail to recognize or respond promptly to emergencies, the consequences can be devastating. Graysen’s case illustrates how delayed recognition of airway problems led to repeated medical crises.
Improper Treatment: Mistakes during delivery, such as incorrect use of forceps or vacuum extraction, can cause physical trauma and brain injuries.
Post-Birth Care Failures: Negligence doesn’t end at delivery. Inadequate post-birth monitoring and treatment, as alleged in Graysen’s case, can result in preventable complications.
Each of these scenarios requires careful investigation to establish whether the care provided fell below acceptable standards and whether that failure directly caused the injury.
What Compensation Covers
Compensation in medical negligence cases aims to address both the immediate and long-term needs of the injured person. Settlements typically cover:
- Medical expenses, including past and future treatment
- Rehabilitation and therapy costs
- Specialised equipment and assistive technology
- Home modifications to accommodate disabilities
- Care and support services
- Loss of earnings (for the injured party in the future)
- Pain and suffering
- Loss of quality of life
The €5 million interim payment in Graysen’s case represents the immediate needs assessment, with the full extent of his lifetime care requirements to be evaluated when the case returns to court in five years. This staged approach ensures that as his needs become clearer over time, appropriate additional compensation can be awarded.
Taking the First Step Towards Justice
If your family has been affected by a birth injury that you believe resulted from medical negligence, you don’t have to face the future alone. Legal action may feel daunting, but with the right support, it can provide the resources and accountability your family deserves.
HOMS Assist’s team of experienced medical negligence solicitors understands the unique challenges families face when a child suffers a preventable injury. They handle cases with sensitivity and determination, working to secure the best possible outcomes for their clients.
Contact HOMS Assist today at 1800 207 207 or via email at [email protected] to discuss your situation in confidence. You can also visit their offices in Dublin (2-4 Ely Place, Dublin 2), Limerick (Bishopsgate, Henry Street), or Cork (1A South Mall).
Securing the Support Your Family Needs
The settlement in Graysen Reid’s case represents more than financial compensation—it acknowledges the profound impact that medical negligence has had on his life and provides the means for his family to give him the best possible care. While no amount of money can undo the harm caused, it can ease the practical burdens and ensure access to the therapies, equipment, and support services that make a meaningful difference.
For families facing similar circumstances, pursuing a medical negligence claim is an important step towards securing justice and the resources needed to care for your child. With compassionate, expert legal guidance from firms like HOMS Assist, you can navigate this difficult journey with confidence, knowing that your family’s rights and your child’s future are being protected.
