Family of James Coffey ordered to pay legal costs for Murrumbidgee Local Health District

James Phillip Coffey was born on the morning of January 19, 2004 at just 27 weeks to Wagga parents Kathleen and Brian Coffey.

Now 16 years old, James suffers cognitive impairments relating to speech, communication and subsequent severe anxiety issues.

The legal battle began in 2011 when the Coffey family sued MLHD alleging Wagga Base Hospital was not qualified to deliver such a premature baby.

They argued the hospital should have transferred James and his mother to Canberra for specialist treatment.

In a hearing on October 3, 2019, MLHD argued their case by stating the Coffey's legal proceedings were not within the time frame of the statute of limitations, and that the hospital's decisions surrounding James' birth conformed to competent professional practice.

Justice Ian Harrison cleared the hospital of negligence claims, finding it to have complied with the medical practice standards at the time.

On Tuesday in the NSW Supreme Court, Justice Ian Harrison ruled "the plaintiff should be ordered to pay the defendant's costs of the proceedings".

Justice Harrison noted that an initial settlement offer of $100,000 by MLHD to the Coffey family in 2015 was rejected.

"Had the [initial] offer been accepted, the defendant would have been liable to pay the plaintiff's costs," he said.

"The proceedings had been on foot since March 2011 and in the ensuing four plus years, each side had served expert evidence and incurred significant costs.

"The defendant's willingness to bear the plaintiff's costs heightens the element of compromise inherent in the offer."

It was also argued in court that MLHD's services were of a "relevant standard", according to Justice Harrison.

"Reports and supplementary reports from Dr Lyneham and Dr Child had been served by 16 July 2015 and were accepted by me as establishing the relevant standard..," he said.

Justice Harrison did make note of the Coffey family's disregard for the initial offer being a result of it occurring early on in the case with their future success or lack thereof still questionable at that time.

However, he added that the issue of time sensitivity was not one sided, suggesting the offer was not an attempt to avoid larger future penalties by the defendant.

The Coffey family will pay the legal costs of MLHD over the period the case was in action.