A boy (6) who suffered catastrophic injuries at birth is to receive €8.5 million. Dylan Gaffney-Hayes, who has cerebral palsy, sued the Health Service Executive (HSE) through his mother Jean Gaffney, a former Waterford Crystal worker.

At today's High Court settlement, Ms. Justice Mary Irvine noted it was the second case this week in which the HSE has held off for several years on admitting liability.

She said it was 'highly regrettable' that the HSE for whatever reason was not in a position to admit responsibility for Dylan's injuries until last year when he was 5-years-old.

She said such a course often suspends access to treatments that a child so badly needs.

During the proceedings, the court heard Jean Gaffney gave birth to Dylan at Waterford Regional Hospital in July 2007. When labour stalled she was given the drug Oxytocin. Her womb ruptured and Dylan suffered brain damage.

Left to Right: Shauna (sister) Jean Gaffney (mother) and Thomas Hayes (father)

The family from Kilcohan Park, Waterford is to receive €8.5 million in a settlement with the HSE. Jean Gaffney and Dylan's father Thomas Hayes, a former care worker, said they are delighted their long fight is over.

However they are angry at the way the case has been handled by the HSE.

They claim that having been told by the Obstetrician that 'there would be no cover up', it was to their 'surprise and horror' that the State Claims Agency put in a defence which denied everything.

Mr. Hayes compared the approach to a game of poker 'in which the SCA seek to take advantage of every slip up to use it as a bargaining tool to pay Dylan a lesser sum'.

He told reporters that they have not received an apology from the HSE and he asked 'Why all these games, why are all these children being put through this?'.