Dalby Hospital successfuly sued for $9 million by mum
A REGIONAL Queensland hospital health service will pay more than $9 million dollars in compensation for a young Dalby girl, who was born with cerebral palsy.
Mackenzie Bracken, now seven, suffered severe brain damage when she was born at Dalby Hospital on February 24, 2013.
Her mother, Sally Bracken, sued Darling Downs Hospital and Health Service in 2018, on behalf of her severely disabled daughter.
Her claim alleged there were delays in Mackenzie's delivery, after it was recognised she had a low fetal heart rate.
Supreme Court Justice Susan Brown said Mackenzie had extensive disabilities, including cerebral palsy, spastic quadriplegia and vision problems.
Mrs Bracken originally claimed $12 million, but on March 24, after an agreed settlement, Justice Brown ordered the State health service to pay $9,054,000 in damages.
Justice Brown said it was not surprising the agreed settlement amount was significant, given the nature of Mackenzie's disabilities.
She said it was a reasonable amount.
A firm of trustees was appointed to manage the money, until Mackenzie turns 18.
The trustees could then consider applying for an order to invest any remaining money, for the maintenance benefit and support of Mackenzie, the judge said.
Justice Brown ordered $60,000 be paid to Mrs Bracken to compensate her and her husband Leeroy for their expenses for during their "extensive care" of Mackenzie.
She said the couple, who have two other children, had borrowed money to pay for their daughter's needs.
The hospital and health service had been defending the claim, and the case had been set down for a March trial, before a settlement was reached.
Mrs Bracken's original claim, filed by Maurice Blackburn, alleged Mackenzie suffered lack of oxygen and, after her birth by Caesarian section, she had low blood sugar.
It was alleged an immediate Caesarian should have been arranged after a review of a CTG trace showed the baby was in distress.
"We love her with all our hearts. She brings us happiness," Mrs Bracken, said in 2018.
She said Mackenzie was a happy little girl who could sometimes be a little bit cheeky.
Mrs Bracken gave up work as a fitness instructor to care full-time for Mackenzie.
She said in 2018, her daughter, who could not speak, relied on her for everything.
At that time Mackenzie had to be fed through a tube in her stomach and had almost daily seizures.
The $9 million will allow for paid carers and for modifying vehicles and wheelchairs and other home equipment and for other needs for Mackenzie throughout her life.
Originally published as Young girl granted $9m after mum sues hospital