Kevin Dunphy- English from Co. Kilkenny suffered brain damage during his delivery in Waterford Regional Hospital in July 2010.
Kevin's mother's labour is said to have progressed slowly between July 8th and 9th but in the early hours of the 9th it is claimed that decelerations on a cardiotocography trace changed.
A foetal blood test was carried out, but not repeated in an oversight which is said to have contributed to Kevin's injuries.
It is claimed that if the blood test been repeated, the result would have alerted medical professionals to intervene.
The HSE have accepted their role in the incident with Dr, John O' Mahony SC, for Kevin, telling the court it was before them for assessment of damages only.
Mr. Justice Kevin Cross chatted about the little boy, who suffers from cerebral palsy, saying he has "made considerable progress because of the significant efforts put in by his mother and father."
