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Interim settlement agreed for severely disabled Tipperary boy.

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12 year old James McCarthy, from Derrygrath, Clonmel, who cannot walk, talk or sit up on his own, brought the action for damages over injuries he suffered in the final stages of his mother's pregnancy in 2001.

James McCarthy sued Consultant Obstetrician and Gynaecologist Dr Raymond Howard, who works at St Joseph's Hospital in Clonmel, through his mother Linda

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In November 2001, James, from Derrygrath, Clonmel, was delivered by emergency caesarean section at 33 weeks when a scan showed his identical twin had died in the womb.

Concern had been raised by medical staff a week earlier that his mother should be admitted, but there was a failure to admit her and she was instead sent home.

A week later, a scan showed one of the twins had died.

Proceedings against the hospital and the HSE were struck out and the case proceeded against Dr Howard, who had admitted liability six weeks ago.

The High Court was told today an interim settlement had been reached for €2.75 million and the case was adjourned for three years, when it will return to court to assess the future care needs of James. 

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