Medical Negligence Claims

A High Court judge has approved a second interim payment of compensation for cerebral palsy due to consultant negligence, as a structured system for the payment of compensation in Ireland has not been introduced. Two years ago, the Sheehan family from Mallow in County Cork were awarded an interim settlement of €1.9 million in respect of their eight-year-old daughter, Isabelle, who was born with severe paraplegic cerebral palsy after the consultant paediatrician treating Isabelle´s mother failed to act on blood test results which revealed a conflict of antibodies. The consultant paediatrician – Dr David Corr – admitted that he had made a mistake in the management of Catherine Sheehan´s pregnancy, which led to Isabelle´s terrible injuries when she was born at the Bon Secours Maternity Hospital in November 2004, and acknowledged that he should have referred Catherine to an expert in foetal medicine. After the initial settlement hearing, Mr Justice Iarfhlaith O’Neill approved the settlement of compensation for cerebral palsy due to consultant negligence and adjourned Isabelle´s case for two years to allow for the introduction of a structured system for the payment of compensation when a plaintiff has sustained lifelong injuries. As no structured system for the payment of compensation has yet been introduced, Isabelle´s case was heard again at the High Court by Mr Justice Kevin Cross; who was told that a further interim settlement of compensation for cerebral palsy due to consultant negligence had been agreed, which would pay for the care that Isabelle needs for a further two years. Mr Justice Kevin Cross approved the interim settlement of €635,000, after hearing that Isabelle was keeping up with the other children at her mainstream school and that she was a bright and intelligent little girl. The judge wished Isabelle a very good future and adjourned her case for another two years.

We have updated our medical negligence claims information page so that it is more comprehensive than ever before and offers advice on the procedures that need to be completed prior to claiming compensation for medical negligence in Ireland. As ever, the information we provide about medical negligence claims is no substitute for speaking directly with an experienced solicitor and, if you believe that you – or somebody close to you – has suffered a loss, an injury or the avoidable deterioration of an existing condition, which could have been prevented if you had received an acceptable standard of care, you are advised to discuss your individual situation with a solicitor without delay. You can visit our revised page containing medical negligence claims information by clicking on the link below: >> Medical Negligence Claims <<

The widow of a man, who died of a muscle failure condition after being prescribed medication for an infected toe which allegedly interacted with his diabetic treatment, is to receive compensation for a fatal medication error. Margaret Devereux from Greenrath in County Tipperary made a claim for compensation for a fatal medication error after her husband – John Devereux – had died in Cork University Hospital in March 2008 from acute renal failure brought on by rhabdmoloysis – a condition in which the muscles break down. John had initially attended the South Tipperary General Hospital in Clonmel in January of that year with an infection in a toe on his right foot. Doctors diagnosed that the infection was due to septic arthritis and prescribed Sodium Fusidate – a medicine often prescribed for bacterial skin infections – before sending him home. However, John´s infected toe got no better, and he started to develop debilitating pains in his arms and legs. He returned to the hospital on February 15th, when he was admitted and five further courses of Sodium Fusidate were administered – causing his condition to deteriorate further and develop into acute renal failure. John was transferred to Cork University Hospital, where he died on 2nd March. Margaret Devereux took legal advice after discovering that her husband´s death could have been avoided if a potential conflict between the Sodium Fusidate that was prescribed for him and his existing diabetic medication had been identified before it was administered, and claimed compensation for a fatal medication error against the Health Service Executive (HSE). The HSE denied any negligence or that it was in breach of its duty of care but, after negotiation, agreed to a compensation settlement of €45,000 which Margaret accepted under legal advice. At the High Court in Dublin, the settlement was approved by Mrs Justice Mary Irvine, who commented that there would have been a “huge hill to climb to establish liability” had the claim gone to court.

A High Court judge has ordered a plaintiff to pay a proportion of her legal costs for a medical negligence claim after the claim was resolved successfully. Ms Justice Mary Irvine took the unusual step of departing from the legal principal of “costs follow the event” in the case of Madeline Wright v. the Health Service Executive, in which the judge determined that no more than 20% of the evidence presented in court related to the claim against the HSE. The judge noted that several other allegations – particularly those made against Orthopaedic Surgeon, Mr. Keith Synott – were unsubstantiated, and although commenting that “she (Madeline) must be deemed to be the overall winner of proceedings in which the defendants denied any liability” the judge also added that the case of medical negligence was proven in only one leg of the claim (of four). Ms Justice Mary Irvine added “Just because a plaintiff has one good point they should not, to my mind, be permitted to litigate a myriad of others and have the court make an order requiring the successful defendant on such issues to pay for that luxury. There must be some sanction in terms of costs should this occur”. The judge said the she was tempted to reduce the award of legal costs for a medical negligence claim to 20% to reflect the time that had been wasted in court, and to act as a deterrent to any future plaintiff who may attempt to attach unsubstantiated allegations to a genuine claim. However, she admitted that a reduction of 80% legal costs for a medical negligence claim was too harsh due to the complexity of the claim. Instead, the judge settled on a reduction of 35% and awarded Madeline 65% of her full legal costs for a medical negligence claim “as this practice (departing from the principal of “costs follow the event”) has not to date been customary in this type of litigation”.

A report conducted by the Health Research Board on behalf of the Royal College of Surgeons in Ireland (RCSI) has found that most negligence claims against GPs are primarily for missed diagnoses. The research of negligence claims against GPs was conducted at the Centre for Primary Care Research in Dublin in order to determine which areas of primary care should be concentrated on when compiling future educational strategies and developing risk management systems for all healthcare professionals. The final report revealed that the most common reasons for negligence claims against GPs were missed diagnoses and medication errors, with the delayed diagnosis of cancer being the most frequent individual condition which gave plaintiffs grounds to claim compensation. Admitting that negligence claims against GPs are “not a perfect substitute for adverse events” lead researcher Dr Emma Wallace – who is herself a GP – provided a list of the most commonly misdiagnosed conditions. For adults these included breast cancer, colon cancer, cancers of the skin, female genital tract and lungs; while children with appendicitis and meningitis were most likely to be misdiagnosed. Dr Wallace hopes that the findings in the report will improve the primary care received by patients. She acknowledges in her report that the number of negligence claims against GPs is increasing and, as doctors in fear of litigation practice more defensively, many more patients are being referred to consultants – delaying an accurate diagnosis in many cases and enabling a condition to deteriorate unnecessarily. She also hopes that there will be fewer negligence claims against GPs, as it has been shown that doctors facing litigation experience increased levels of stress, which in turn reduces the level of service they are able to provide.

The family of a woman, who died after an alleged failure to diagnose a perforated bowel, has settled its claim for wrongful death against the HSE and are to receive €50,000 in compensation for negligent medical treatment. The family of Eileen Maloney from Pullathomas in County Mayo made their claim for negligent medical treatment compensation after the sixty-nine year old mother of thirteen died at the Mayo General Hospital in February 2009. Eileen, who was suffering from cancer, was admitted to the hospital on February 1st 2009 complaining of severe abdominal pain. An x-ray was taken after her admission which – the family claim – showed an obstruction in Eileen´s bowel; but, as it was the weekend, no doctor was available to diagnose her condition. A CT scan taken on the 6th of February confirmed the presence of a tumour, but neither the scan nor the original x-ray was reviewed to check for a perforated bowel. Had Eileen´s condition been diagnosed at the time, she would have undergone immediate emergency surgery rather than having to wait until February 12th for an operation. Eileen died on February 17th – five days after her surgery – and it was alleged by her family in their claim for negligent medical treatment compensation that they were told by a member of the medical team Eileen would have survived the operation, despite her cancer, and lived for a further six months at least had her medical treatment been of an acceptable standard. The family´s claim for Eileen´s wrongful death and their unnecessary mental anguish was initially denied by the HSE. However, Mr Justice Michael Peart at the High Court in Dublin was told that a settlement had been agreed between the two parties without admission of liability that would see the family receive €50,000 in compensation for negligent medical treatment. Mr Justice Michael Peart approved the settlement of compensation for negligent medical treatment, stating that it had been a “very, very tragic case” and extending his sympathies to the family. The HSE denied being responsible for Eileen´s wrongful death but, at the High Court in Dublin, Mr Justice Michael Peart heard that the family had agreed a settlement of their negligent hospital treatment claim amounting to €50,000 without an admission of liability from the HSE. The judge approved the settlement of the claim, stating that Eileen´s death had been “very, very tragic” and he extended his sympathies to her family.

The husband of Savita Halappanavar, who died last year after being denied an abortion, has made a hospital negligence claim for compensation against University Hospital Galway and the HSE. Savita Halappanavar died at the University Hospital Galway one week after attending the hospital´s A&E department complaining of an acute back pain. She was found to be in the process of miscarrying her 17 week foetus and was admitted under the care of consultant doctor Dr Katherine Astbury. The following morning Savita´s waters broke and, because of the severe pain she was in, requested a termination. Savita was told by Dr Astbury to “await events” and it was explained to her that an abortion was not an option in Ireland while there was still a foetal heartbeat. Savita´s condition deteriorated, and Dr Astbury eventually consulted with a senior colleague about performing a termination. However, a scan revealed that Savita´s baby had already died. Savita was moved into theatre, where she spontaneously delivered her deceased baby and was later moved into intensive care after it was found she was suffering from septic shock. The following morning it was discovered that Savita had developed severe septicaemia due to E.coli ESBL. Savita became critically ill as her organs ceased to function and suffered a fatal cardiac arrest on Sunday October 28th. The inquest into Savita´s death delivered a verdict of “medical misadventure” and an investigation by the Health Service Executive (HSE) also failed to officially identify who was to blame for the lack of care Savita received, or acknowledge liability for her avoidable death. Savita´s family declared the inquest and the HSE investigation a “whitewash” and, in order to get answers to the questions the family feel were overlooked, Praveen Halappanavar has made a hospital negligence claim for compensation against the University Hospital Galway and the HSE – alleging that the hospital failed to treat, failed to follow up blood tests, and failed to diagnose. The University Hospital Galway and the HSE declined to comment on whether they will offer a defence against the hospital negligence claim or acknowledge liability before a court hearing is announced.

A young student, who was left severely disabled after an alleged delay in diagnosing a tumour, has had a settlement of compensation for the late diagnosis of a brain tumour approved at the High Court. Seamus Walshe Jnr (27) of Taylor´s Hill, Galway, was a third-level construction studies student when – in 2006 – he started experiencing problems with his eyes when gazing upwards. His symptoms deteriorated to include nausea and vomiting and, when Seamus attended the Galway University Hospital, he was told after a neurological examination that there was no problem. Seamus´ symptoms continued and, as the tumour in his brain grew and spread into surrounding tissues, he experienced increasing levels of pain and discomfort. After a subsequent scan at Galway University Hospital revealed the tumour, Seamus was referred to the Beaumont Hospital in Dublin where he underwent surgery in May 2007. However, complications during surgery resulted in haemorrhaging around the brain tumour and Seamus was in intensive care for nine weeks after his operation. Eventually he was transferred back to Galway University Hospital in November 2007 and then to the National Rehabilitation Centre in September 2008 – by which time Seamus was confined to wheelchair, had severe spasticity of the limbs and severe disorder of eye movements. Through his father – Seamus Walshe Snr – Seamus made a claim against the Health Service Executive and the Beaumont Hospital for compensation for the late diagnosis of a brain tumour, alleging that had scans been ordered when he first attended the Galway University Hospital, he would have been referred to the Beaumont Hospital much sooner. It was also claimed that the Beaumont Hospital had elected to perform surgery rather than treat the tumour with radiotherapy and chemotherapy although the latter treatment had long-term survival rates of up to 90 percent. Ms Justice Mary Irvine at the High Court was told that a settlement of compensation for the late diagnosis of a brain tumour amounting to 2.5 million Euros had been agreed without admission of liability to cover Seamus´ care for the next three years. Thereafter periodic payments would provide for Seamus´ care should legislation be introduced in time. Ms Justice Mary Irvine approved the settlement but stated there was no guarantee that periodic payments legislation will be introduced within three years as there has been a “deathly silence” from the Government on the matter.

A family from Castlebar in County Mayo is to receive 850,000 Euros in compensation for fatal birth medical negligence following a High Court hearing. Padraic Flanagan (43) made the claim for fatal birth medical negligence compensation following an inquest into the death of his wife – Evelyn – who died while giving birth to her second child at the Mayo General Hospital in October 2007. Although an initial post-mortem determined that Evelyn´s death was possibly attributable to an amniotic fluid embolism, the family criticised the findings and claimed that the deterioration in her condition after the birth of her child was due to an avoidable postpartum haemorrhage due to a rupture of Evelyn´s uterus which was not detected or adequately dealt with. The inquest into Evelyn´s death in 2009 returned a verdict of death by medical adventure, after which Padraic Flanagan made the claim for fatal birth medical negligence compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. Both the Mayo General Hospital and Dr Mohamed denied their liability for Evelyn´s death, but her widower persisted with his action. Shortly before Padraic´s claim was to be heard in court, Mayo General Hospital eventually admitted during pre-trial mediation that Evelyn´s death could have been prevented with greater care. The case continued to the High Court for assessment of damages and, after hearing the circumstances of Evelyn´s death, Mr Justice Michael Peart awarded the family 850,000 Euros in compensation for fatal birth medical negligence against the Health Service Executive. The claim against Dr Mohamed was struck out.

The Supreme Court has upheld a claim for symphysiotomy compensation which resulted in an award of 450,000 Euros in March this year, but reduced the award to 325,000 Euros. The original claim for symphysiotomy compensation was made by Olivia Kearney (60) from Castlebellingham, County Louth and was heard in the High Court in March in front of Mr Justice Sean Ryan. At the time, Mr Justice Sean Ryan found in Olivia´s favour, and ruled that a symphysiotomy procedure which had been performed in 1969 after the successful delivery of Olivia´s son by Caesarean Section had been unjustified. The judgement was appealed by Our Lady of Lourdes Hospital in Drogheda on the grounds that the symphysiotomy procedure was medically and ethically justified at the time. The hospital claimed that, in 1969, there were many clinicians who shared the same views on symphysiotomy as Dr Gerard Connolly – the obstetrician who had performed the unnecessary symphysiotomy when Olivia was just eighteen years old. However, the five-judge Supreme Court unanimously upheld Olivia´s claim for symphysiotomy compensation, with Mr Justice John MacMenamin – announcing the Supreme Court´s decision – stating “the procedure was wrong, even by the standards of the time” and that “it was unfathomable by today’s standards and even by those of 1969 had no justification whatever”. The verdict of the Supreme Court ends a ten-year legal battle for Olivia, who only found out that she had undergone the procedure after listening to a radio program in 2002. Explaining the reason behind the reduction in the award of symphysiotomy compensation, Mr Justice John MacMenamin acknowledged that Olivia had endured very serious injuries, but they had not resulted in a total inability to live independently, to work, or to engage in any form of meaningful social life.

A woman who underwent a needless symphysiotomy operation without her knowledge or consent has been awarded 450,000 Euros in symphysiotomy medical negligence compensation in Dublin´s High Court. Olivia Kearney (60) of Castlebellingham, County Louth, was just eighteen years of age when she gave birth to her son at the Our Lady of Lourdes Hospital in Drogheda in 1969. While she was still anaesthetised following the Caesarean Section operation, Dr Gerard Connolly – the consultant obstetrician attending Olivia – performed a symphysiotomy procedure in which the cartilage between Olivia´s left and right pubic bones was cut to widen the pelvis. Unaware that the procedure had been performed, Olivia suffered with back pain, incontinence and depression without knowing the reason why for more than thirty years. In 2002, Olivia was listening to a radio program in which the presenter was relating the experiences of women who had undergone the symphysiotomy procedure and the symptoms described in the radio program matched those which Olivia had suffered from all her adult life. After obtaining her medical records and seeking legal advice, Olivia made a claim for symphysiotomy medical negligence compensation but, in 2006, Olivia´s claim was rejected by the High Court on the grounds that   “there would have to be expert evidence available on both sides to debate the appropriateness of the procedure carried out” and, as Dr Connolly had since died, the necessity for the symphysiotomy procedure could not be explained. Olivia revised her claim for symphysiotomy medical negligence compensation, claiming instead that there was no justification in any circumstances for a symphysiotomy procedure to be carried out immediately after a successful Caesarean Section delivery – meaning that an explanation of whether the procedure was required “at that time and in those circumstances” was no longer relevant. The Supreme Court agreed with her argument and gave Olivia leave to reintroduce her claim. At the High Court in Dublin, Mr Justice Sean Ryan heard that representatives of Our Lady of Lourdes Hospital could not produce evidence to explain why the unnecessary procedure was performed and, finding favour of Olivia, awarded her 450,000 Euros in symphysiotomy medical negligence compensation – stating that Olivia had suffered a lifetime of “pain, discomfort and embarrassment” due to the unnecessary symphysiotomy procedure.

According to details released by the State Claims Agency, it  has already paid out on fifth more in hospital compensation settlements during  the first eight months of the year compared with the calender year 2009. The State Claims Agency had already paid hospital compensation settlements of €59.9 million up to August 2010, compared to the 2009 total hospital compensation settlement payments of €48 million.  At the current progression,  the Agency will make compensation settlements of almost €90 million throughout 2010.  This is an increase of almost 50% on the previous year. Mary Harney, The Minister for Health, has revealed some measures to improve the safety of patients. Chief among these are draft healthcare standards formulated by the Health Information and Quality Authority (Hiqa), which has now begun a public consultation phase. The Health Minster said that about 10% of hospital admissions encountered an ‘adverse event’, and about 1% of the these events would result in injury or death.  Commenting on the adverse events, the Minister Harney stated “Many of them are systemic failings and many of them are avoidable”. However, as with the recent DePuy recall, it should also be noted out that though the rate of adverse events in HSE run hospitals is relatively high, the HSE is not always to blame.

The family of a man who died in hospital of septic shock, due to the failure of the hospital to act in a reasonable time frame, has had their settlement of delayed treatment compensation approved in the High Court. Barry Murphy (38) from Carrigaline, County Cork, was admitted to the South Infirmary–Victoria University Hospital in Cork complaining of abdominal pains on the morning of April 24th 2008. Barry was known to suffer from Crohn´s Disease, but was generally in good health and held a full-time job as a financial controller. After a medical examination, Barry was diagnosed with a perforated bowel but due to “an unjustifiable delay” was not operated on until much later in the evening. By this time, Barry´s condition had deteriorated due to septic shock and he was pronounced dead at 11.15pm the same evening. Barry´s distraught widow, Mary, made a claim for wrongful death compensation due to the delay in treatment, but for three years the South Infirmary–Victoria University Hospital denied liability – stating that that they had made no error in Barry´s treatment. During this period Mary sustained severe emotional damage and was diagnosed as suffering from Post Traumatic Stress Disorder. Mary persisted with her claims that the hospital failed to properly care for her husband, failed to operate on him on time and allowed him to die, and eventually the South Infirmary–Victoria University Hospital acknowledged that “the level of care provided fell short of an acceptable standard” and made an offer of 500,000 Euros in delayed treatment compensation. Approving the settlement in Dublin´s High Court, Mr Justice John Quirke expressed his sympathy to Mary and her two daughters, commenting that Barry´s death had been “unthinkable” and was “a tragic loss”, adding that he wished he could do more to help the family.

A woman, who was starved of oxygen due to a surgical error during a routine operation when she was an infant, has had her compensation for cerebral palsy injury claim approved in court. Stacey Jayne Smith (24) was just a baby when she was admitted to Nottingham City Hospital in 1988 with feeding problems and a high temperature. Doctors suspected that Stacey Jayne was suffering from gall stones and scheduled surgery to remove her gall bladder. However, during the operation, Stacey Jayne went into cardiac arrest after her bowel was accidently punctured and, due to her heart stopping temporarily, Stacey Jayne suffered brain damage and was left with cerebral palsy. Mr Justice Tugendhat at the High Court in London heard that Stacey Jayne grew up with learning difficulties and unable to walk any distance – all the while her parents unaware that they were entitled to make a cerebral palsy injury claim for compensation.  In 2008, Stacey Jayne´s parents made enquiries about making a cerebral palsy injury claim for compensation on their daughter´s behalf, and an investigation was launched by the East Midlands Strategic Health Authority. After agreeing 70 per cent liability for Stacey Jayne´s injuries, an undisclosed settlement was agreed between Stacey Jayne´s parents and the Health Authority which was approved by Mr Justice Tugendhat in the High Court. The judge added” I do express my sympathy to Stacey’s family and wish them all the best for the future. Stacey has been very fortunate in the support her family has given her, so lovingly, for so long.”

The parents of a young woman who died after her doctor failed to recognise the symptoms of deep vein thrombosis have agreed to a 125,000 Euros settlement in their doctor negligence litigation claim. Ray and Angela Hennessy of Douglas, County Cork, took the action against Dr Hassan Al Bayyari of Castlenock, Dublin, following the death of their daughter Julie in March 2007. It was alleged in the case against Dr Bayyari that Julie had twice visited him in earlier in the month to complain of pains in her leg which she believed were due to a skiing accident four weeks previously. Despite Julie bringing up the possibility of deep vein thrombosis, Dr Bayyari failed to prescribe any medication for the Hennessy’s daughter or refer her to the hospital for further tests. Two days after Julie’s second visit to Dr Bayyari’s clinic she was dead in her home in Blanchardstown. A post-mortem into Julie’s death revealed that Julie had died from deep vein thrombosis/pulmonary embolism, exacerbated by the oral contraceptive prescribed for her by Dr Bayyari. After taking legal advice, the Hennessy’s took a doctor negligence litigation claim against Dr Bayyari which was due to be heard in the High Court. However, shortly before the hearing was due to commence, Mr Justice John Quirke was told that the two parties had agreed to the out-of-court settlement and that the matter was now resolved.

A man who was discharged from hospital with a broken neck, after he was assured by his doctor that he was “fine”, has won his an undiagnosed broken neck settlement and been awarded €5.4m compensation by a jury at the Federal District Court in Cheyenne, Wyoming. Louis Prager was a healthy husband, father and grandfather who was employed as an oil field worker near his home in Campbell County, Wyoming. On December 9 2008, Louis was taken to Campbell County Memorial Hospital after being involved in a rollover accident in his car. Immobilised and wearing a neck brace, Louis was seen to by Dr. Brian Cullison in the Accident and Emergency Department, who organised a CT scan and for x-rays to be taken of Louis´ head and back. Dr Cullison released Louis the same day – without conducting a physical examination, despite his patient complaining on neck pain, and minus the neck brace – but four days later, Louis returned to the Accident and Emergency Department of Campbell County Memorial Hospital having lost the use of his left arm and shoulder. He was diagnosed with multiple cervical spine fractures which had resulted C5 nerve root injuries and underwent emergency neck fusion surgery. Despite several further surgeries to ease the pain and implant a spinal cord stimulator, the condition became permanent and, after taking legal advice, Luis sued Dr Cullison and the Campbell County Memorial Hospital for doctor negligence. At the trial, the jury was told the hospital and Dr Cullison both deny the allegations of doctor negligence – with the doctor claiming that he had performed a physical examination and it was not usual practice for the victim of a rollover car accident to have neck x-rays. However, a medical expert stated that had the doctor examined Louis’ neck, he could not have failed to miss the injury. After deliberating in private, the jury ruled in favour of Louis, and awarded him €5.4m for the pain and suffering he had experienced due to the doctor’s negligence, his loss of amenity and loss of income as he is no longer able to work. The jury also awarded Louis’ wife, Rebecca, a further €1.5m for loss of consortium – the overall figure setting a new record for the highest doctor negligence claim settlement in the State of Wyoming.

The Health Service Executive (HSE) has changed its position on the signing of DePuy ASR patient consent forms following pressure from patients and personal injury solicitors in Ireland. Together with the Independent Hospital Association of Ireland, the HSE has announced it is recalling the old DePuy ASR patient consent forms and issuing new ones which no longer include the condition that the explanted DePuy ASR hip replacement be returned to DePuy Orthopaedics. Despite the change, patients intending to make DePuy hip recall compensation claims should not sign the DePuy ASR patients consent forms without first taking legal advice. The current offer of hip replacement injury compensation from DePuy Orthopaedics covers the medical costs associated with testing for a failed hip replacement system, revision surgery where necessary, and “reasonable and customary” expenses for patients who have to take time off from work, travel long distances and require overnight accommodation for their examinations and surgery. There is no consideration in the DePuy compensation offer for the pain and suffering caused by a faulty hip replacement system before, during and after surgery, and long periods of rehabilitation which may result in a considerable loss of income. Furthermore, the new DePuy ASR patient consent forms free DePuy, the HSE and Independent Hospital Association of Ireland against any future claims for DePuy hip replacement compensation. Should high levels of chromium and cobalt from the failed hip replacement systems cause damage to any other of the patient´s organs after surgery has taken place, the new DePuy ASR patient consent forms would indemnify all three parties from future legal action. As there is a case for claiming medical negligence compensation against the HSE as well as claiming product liability compensation against DePuy Orthopaedics Inc., DO NOT SIGN THE DEPUY ASR PATIENT CONSENT FORM without first taking legal advice.

A man has been awarded £3.8m in his viral encephalitis brain damage claim at the High Court. The illness was allegedly initially misdiagnosed as eczema. Martin O’Brien (45) had developed a rash with itchy sores in January 1996. He was taken to hospital, who believed he had scabies and who prescribed benzyl benzoate as a temporary measure. At the hospital, Martin was diagnosed as having eczema and, when his case was looked over in February, it was claimed in court that he was advised to continue using the treatment prescribed for him in January. However, by the end of March, he was complaining of aches, pains, fevers, sweating and memory loss and, after attending a different hospital, on March 31st, Martin collapsed and was then admitted to the hospital under the care of Dr. Brendan S Duffy. Mr Justice John Quirke heard at the High Court that following his collapse, Martin had complained of experiencing a blackout, amnesia, headaches, a stiff neck, a loss of power in his lower limbs and abnormal rolling of his eyes. By 31st March Martin was unable to recognise his wife and, it was stated, that tests taken after his admission indicated encephalitis and possibly herpes simplex. However, no treatment against the virus was prescribed until April 4th, when Zovirax was prescribed, and on April 5th when Acyclovir was added to the treatment. Martin was kept in hospital until August 1996. In the subsequent action taken against Dr Duffy and the Health Service Executive, it was claimed that Martin suffered severe brain damage as a result of the delay and was described in court as a “child in a man´s body”. He can no longer work and has relied for the past fifteen years on care provided by his family. A settlement of £3.8m without admission of liability was negotiated between legal representatives of Martin´s family and insurers for Dr Duffy. In approving the settlement, Mr Justice John Quirke paid tribute to Martin´s wife, Anna Marie, describing her as “a wonderful lady” and directed that part of the award should immediately be paid to the family for the care they had provided.

A Wenicke Korsakoff award has been made to a woman, who developed the illness after alleged negligence by her surgeon. Her claim for medical negligence was settled for an undisclosed sum. Avril Doyle (46), was described as a bubbly and vivacious person prior to having a laparotomy to treat multiple abdominal adhesions at St Michael’s Hospital, Dún Laoghaire in July 2005. Avril was sent home ten days after the operation, but had to re-admitted for further surgery on August 2 2005 after her condition deteriorated. Another laparotomy was performed, during which a portion of her small bowel had to be removed. It was alleged that, during this operation, medical staff failed to administer the vitamin thiamine as part of Avril’s intravenous feeding and she suffered brain damage as a result. It was claimed in the action brought through Avril’s spouse, Dick, that staff failed in their duty to monitor, test and review her “total parental nutrition” management. Due to this alleged negligence, the court heard how Avril developed memory problems, became increasingly disorientated and suffered impairment to her cognitive linguistic function – a symptom commonly witnessed in cases of dementia. After treatment Ms Doyle returned home in April 2006 to be cared for by her husband and, more recently, by a specially employed care assistant. She continues to have problems including dizziness, fatigue, emotional fits and depression. A week into the trial, Mr Justice Iarfhlaith O’Neill was informed that the claim had been settled for an undisclosed figure and with noadmission of liability except for the failure to provide a nutritionist at the hospital during the surgery.

In claim for wrong drug prescription leading to death a settlement in the order of £835,000 was awarded to the widow of the victim. Colm O’Donovan (31) became ill in August 2005 with suspected food poisoning, and his wife, Patricia, called the out of hours medical service. The attending doctor with the service gave Colm an injection of Cyclamorah, but the following morning his condition had deteriorated. Colm collapsed as he attempted to get out of bed and started to suffer seizures. Patricia contacted the medical service once again, and this time Colm was attended by a different doctor. The doctor diagnosed Colm’s seizures as a reaction to the first drug and administered an injection of Largactyl – claiming that it would control the seizures. Instead, Colm’s condition continued to deteriorate and, shortly after being attended by his GP the following morning, suffered a heart attack and died. It was claimed in the subsequent action against that the medical service and doctor had failed to conduct a full examination of Colm. This, it was stated, would have revealed a serious illness for which Colm could have received treatment in hospital. It was also alleged that by giving the injection of Largactyl, the doctor accelerated a serious illness which eventually lead to Colm’s death. The judge heard in the High Court that liability had been admitted by the doctor and the action against medical service was struck out. The judge was also told that an agreement had been reached between Colm’s family and the negligent party for a compensation settlement of £835,000, which he was satisfied to approve.

The family of a woman who died from a heart attack after she was wrongfully discharged fom hospital has won their hospital claim for compensation and are to receive £278,000 in compensation. The judge in court heard how Mrs Teresa O’Brien had been taken to hospital in September 2004 with a heart complaint. The consultant at the hospital had instructed that an angiogram be carried out and Mrs O’Brien kept in hospital. A senior house officer also carried out some stress tests and gave the results to a doctor. It was alleged that neither the senior house officer nor the doctor related the stress test results with the direction given by the consultant that Mrs O’Brien should not be discharged from hospital until she had been x-rayed. Consequently, Mrs O’Brien was sent home and sadly died four days later. Her post-mortem revealed evidence of cardiovascular abnormality and it was also discovered later that the results of the stress test had been misread. The health service conceded liability after Mrs O’Brien’s widower – Paul – sought damages for medical negligence and breach of duty. The judge approved a compensation award of £106,000 for Paul O’Brien, with further amounts of £77,000 for her son Daniel and £85,000 for her step-son Daryl. Lesser sums are also to be awarded to Mrs O’Brien’s two brothers and sister.

A Medical Council fitness-to-practice committee has ruled that a doctor who removed the wrong kidney from a young boy will avoid a charge of professional misconduct after choosing to invoke Section 67 of the Medical Practitioners Act 2007 which allows doctors to undertake not to repeat errors. The ruling has attracted significant criticism from the media. The young boy, who was left with a barley functioning kidney, has had to undergo dialysis on a regular basis. He may eventually need a transplant. The botched operation took place at Our Lady’s Hospital for Sick Children in Crumlin in March 2008. The mistake came despite the boy’s parents’ repeatedly seeking clarification of which kidney was to be removed. It was later revealed that no-one had reviewed the boy’s e-ray before entering the operating theatre.

A man, who sustained birth injuries due to the alleged negligence of medical staff at the Erinville Hospital in Cork, agreed to a settlement of his cerebral palsy claim just minutes before the court hearing to determine his case was about to start. Dermot Moylan (21) of Mallow, County Cork had sued the Erinville Hospital along with the Southern Health Board, Dr David Jenkins and Dr John McKiernan in relation to the circumstances surrounding his birth in 1989. Through his mother, Anna Moylan, it was alleged that Dermot was deprived of oxygen at the time of his birth due to a lack of care by medical staff. As a result of brain damage due to oxygen deprivation, Dermot suffers from severe cerebral palsy, epilepsy and other health complications, and will required around-the-clock care for the rest of his life. The allegations of negligence were disputed by the defendants, however shortly the case to hear Dermot´s cerebral palsy claim for compensation was about to start, by Mr Justice Iarfhlaith O’Neill was informed that a settlement had been agreed upon. A decision to offer cerebral palsy compensation of 4.25 million Euros had been made by the defendants, and this offer was accepted by Anna Moylan on behalf of her son. The judge, once he had heard all the details the cerebral palsy claim settlement, approved the agreement.

The family of Miriam Jackson, who died in hospital in 2004 after a catalogue of medical errors, have been awarded 564,000 Euros in compensation for fatal medical negligence at Dublin High Court. Miriam had been admitted to Our Lady´s Hospital in Navan in September 2004 with a small bowel obstruction however, as Mr Justice Iarfhlaith O´Neill at the High Court heard, symptoms such as chest tightness, shortness of breath and a temperature of 38.2 degrees were overlooked. Even when an E coli infection was discovered, no treatment was provided until after it had developed into septicaemia, and a medical consultation requested by the surgical registrar failed to take place. A compensation claim for fatal medical negligence was brought by Miriam´s husband, Derek, who also sued on behalf of his three children. The claim alleged over twenty instances of medical and hospital negligence and, after an internal investigation, Our Lady´s Hospital and the Health Service Executive admitted liability for Miriam´s wrongful death. As the negligence responsible for Miriam´s death had been acknowledged, the case was before Mr Justice Iarfhlaith O´Neill for assessment of damages only. Having considered the case and the psychological damage that Miriam´s husband and three children had endured, he awarded 564,000 Euros in compensation for fatal medical negligence to the family.

The family of Kay Cregan – a mother of two from County Limerick who died on St Patrick´s Day in 2005 following a facelift procedure in New York – have agreed to a settlement of 3.1 million dollars in compensation for cosmetic surgery fatality with the insurers of  the negligent surgeon, anaesthesiologist and a post-operative care nurse. Kay (42) had flown to New York and paid plastic surgeon Dr Michael Sachs 32,000 dollars for the facelift procedure as a surprise for her husband, but her good intentions turned into tragedy when, as a result of the surgery, Kay started to bleed into her pharynx. It is believed that, because Kay was lying on her back at the time, the blood went to the back of her pharynx and clotted. When she later went to the bathroom unassisted the clot loosened, travelled down her trachea and prevented her from breathing. The nurse on duty, Susan Alonzo Francisco, found Kay motionless on the bathroom floor but did not know how to intubate her to enable air into her lungs. Eventually the nurse called the emergency services, but by the time Kay arrived at St. Luke´s Roosevelt Hospital little brain function could be found. Kay remained on a life support machine for two days before it was eventually switched off. Dr Sachs, Nurse Alonzo Francisco and the anaesthesiologist – Dr. Madhavrao Subbarao – were all named as defendants by Kay´s husband, Liam, in the resultant claim for cosmetic surgery fatality compensation. Dr Sachs for causing the initial bleed due to his negligence, nurse Alonzo Francisco for taking an unjustifiable length of time to call the emergency services and Dr Subbarao for leaving Kay in the care of a nurse who was unable to perform the intubation procedure. The agreement came five years after the tragedy, and shortly before a jury at the New York Supreme Court were to announce their verdict on how much compensation for cosmetic surgery fatality should be paid to husband Liam and Kay´s two sons.

A young boy from Sligo, who suffers from cerebral palsy due to alleged medical negligence around the time of his birth, has had a 4.5 million Euros cerebral palsy injury compensation settlement approved in court. Evan Doyle was born with cerebral palsy and spastic quadriplegia at Sligo General Hospital in 1996 due, it was alleged, to the mismanagement of his birth. Mr Justice John Quirke at the Dublin High Court heard claims that Evan´s mother, Janice, had been given too high a dose of a labour-inducing drug and then had a monitor detached during her labour. It was further claimed that a delay before the decision was made to deliver Evan by Caesarean section and then the late arrival of the consultant had caused Evan to be starved of oxygen in the womb – a combination of errors which, it was alleged, resulted in Evan sustaining his cerebral palsy injury. Sligo General Hospital contested each of the claims made against it – stating that it was standard practice to administer a labour-inducing drug and to remove the monitor in certain circumstances. The hospital also claimed that the consultant had arrived within the normally permitted time limit. However, the judge heard that Sligo General Hospital and Health Service Executive were prepared to settle Evan´s cerebral palsy injury compensation claim without admission of liability in the amount of 4.5 million Euros. The judge approved the compensation settlement, commenting that the system under which damages are assessed in such cases should be reviewed to ensure that the victim is guaranteed a life time of care.

A girl, who has limited function in her right arm and shoulder due to an injury at birth, is to receive 500,000 Euros compensation after a settlement for her shoulder injury at birth claim was approved at Dublin´s High Court. Emma Dempsey (11) from Dublin made the shoulder injury at birth claim through her mother, Carol, against the National Maternity Hospital, Holles Street, Dublin, and consultant obstetrician Dr Peter Lenehan who practices at the Blackrock Clinic in Dublin. It was alleged in the claim for malpractice that Emma sustained an avoidable shoulder injury at the time of her birth due to a lack of skill by Dr Lenehan and the medical team at the National Maternity Hospital – a charge which both defendants denied. However, the High Court in Dublin heard that an offer of compensation of 500,000 Euros had been made to Emma without admission of liability in respect of her should injury at birth claim and, after hearing evidence relating to the case, the compensation settlement was approved.

The Health Service Executive has issued an apology to the family of John McNeive and settled a claim for delayed cancer diagnosis compensation following his death from neck cancer in August 2005. John (59) from Ballindine, County Mayo, had started to experience headaches in 2003 and was referred to University College Hospital in Galway for tests. He was examined by a neurologist and, when a swelling later developed on his face, was sent for a CT scan at Beaumont Hospital in Dublin. Despite the scan showing a malignant tumour, neither a biopsy nor a follow-up appointment were organised, and it was not until April 2005 that John was diagnosed with neck cancer. John died in a County Mayo hospice just four months later. John´s family made a claim for delayed cancer diagnosis compensation against the Health Service Executive, claiming personal injury compensation for the mental stress that the delayed cancer diagnosis had caused. At the High Court in Dublin, Mr Justice John Quirke heard that the family and Health Service Executive had reached an agreement on a delayed cancer diagnosis settlement of 102,000 Euros – one which he approved while offering his sympathy to John´s widow Eileen and other members of the McNeive family who were in attendance.

A boy who sustained a shoulder injury at birth and who now has one arm shorter than the other as a result has had a child shoulder injury compensation settlement of 300,000 Euros approved in the High Court. Daniel James O’Connell (now 14) of Portlaoise, County Laois, brought the medical malpractice claim against the Midland Health Board (now the Health Service Executive) and consultant obstetrician and gynaecologist John Conway through his mother – Valerie O´Connell – claiming that his condition was due to medical negligence during his birth in March 1995. The court heard that the Health Service had offered an amount of 300,000 Euros in child shoulder injury compensation which the family were prepared to accept under advice. The compensation offer was approved and it was noted that the payment of child should injury compensation was being made without admission of liability.

Mark Thomas has just been awarded €3.9million in compensation for a hospital being negligent in failure to diagnose meningitis, compounded by the fact that the victim was turned away from Walsall Manor Accident and Emergency Department and his parents were admonished at the time for ‘misusing the emergency services’.  It took a second opinion five days after the initial hospital visit to determine that Mark Thomas had contracted meningitis. In this tragic case, Mark Thomas has been left with brain damage and no short term memory and will never be able to work or live without the help of a carer. Meningitis is an inflammation of the protective membranes covering the brain and spinal cord. Some of the usual symptoms include headaches, neck stiffness, fever, confusion, vomiting, and light or noise intolerance. Meningitis is  life-threatening and has a high mortality rate if left untreated and delayed treatment can result in brain damage.  Wide-spectrum antibiotics are therefore normally prescribed immediately, even before confirmatory tests.

Two wives are to share 400,000 Euros laparotomy compensation following an out-of-court settlement between their legal representatives, insurers of St. James´s Hospital in Dublin and the Health Service Executive (HSE). Arjuna Rawlings (39) from Dublin brought the laparotomy compensation claim against the hospital and HSE following her husband´s wrongful death after a routine surgical procedure to gain access into the abdominal cavity. David Rawlings (40) died the day after the procedure had taken place due to complications with the surgery and vain attempts to resuscitate him. St James´s Hospital and the HSE did not contest the claim for laparotomy compensation and it was due to go before Mr Justice Nicholas Kearns at the High Court for assessment of damages. However, shortly before the trial was due to commence, Mr Justice Nicholas Kearns was told that an agreement had been reached and the case could be struck off. In the settlement of Arjuna´s claim, she is to receive 250,000 Euros, while David´s previous wife – Fiona Rawlings, with whom David had a daughter – is to receive 150,000 Euros. This was agreed as David, who worked as an engineer, had been financially supporting Fiona and their daughter while being married to Arjuna.

The widow of a man who died following kidney surgery at Bon Secours Hospital in Cork is to receive 250,000 Euros compensation for operation errors following an investigation into his death in November 2004. Patrick Hayes, formally of Middleton, County Cork, was a man of general good health prior to his admission into hospital to have a kidney removed. However during the operation a slight ooze of liquid from the spleen was detected and surgical gauze was applied. Patrick was taken to the intensive care unit at the hospital following the operation, but suffered a substantial haemorrhage and died during attempts to resuscitate him. A post-mortem into Patrick´s death established that there had been a blood clot surrounding his spleen and more than two litres of blood had collected in the peritoneal cavity. Patrick´s wife, Nora, made a personal injury claim against the hospital, alleging that nursing staff were aware that Patrick was in a serious condition but failed to respond. The claim was denied by Bon Secours Hospital, but in an out-of-court settlement they agree to a payment of compensation for operation errors without admission of liability.

The family of a woman, who died during the birth of her son due to a sequence of medical errors, is to receive 410,000 pounds in Caesarean error compensation following a hearing at the High Court in London. Joanne Lockham (45) of Wendover, Buckinghamshire, was preparing to give birth to her first child at Stoke Mandeville Hospital in October 2007 when the baby´s heart rate dropped and an emergency Caesarean operation was scheduled to enable the child´s swift delivery. However, while Joanne was under general anaesthetic, her oxygen supply was not put into her windpipe and she suffered a cardiac arrest. Joanne was deprived of oxygen for half an hour and her heart stopped shortly after her baby was born. She died two days later, having never seen her son, Finn. Finn is now care for by her widower, Peter. At London’s High Court, Mr Justice Burnett heard that serious failings by the hospital had been identified during the inquest into Joanne´s death. In addition to depriving Joanne of oxygen, medical staff had administered a second dose of drugs to paralyse her limbs when she started to stir and the repeated attempts to insert an oxygen tube when the error was noticed wasted valuable time which contributed towards her death. Mr Justice Burnett also heard that Buckinghamshire Hospitals NHS Trust acknowledged their errors and liability for personal injury compensation, and a settlement of Caesarean error compensation for 410,000 pounds had been agreed. Mr Justice Burnett approved the settlement, stating that the claim had arisen in “especially tragic circumstances”.

A grieving mother has agreed to a 20,000 pounds compensation for death of child settlement in respect of her malpractice claim against the hospital in which her son died while undergoing heart surgery. Jaidon Vines was only eleven months old when he underwent a second operation at Oxford’s John Radcliffe Infirmary to close a hole in his heart. Hours after the surgery, which the medical team had described to his mother – Shara – as successful, Jaidon suffered a heart attack and died. No post-mortem examination was carried out due to the surgeon´s explanation that Jaidon had died because of his heart condition, however experts later established that tubing inserted into Jaidon´s heart in the first operation had not been removed before a further tube was inserted during the second surgery. After discovering that the John Radcliffe Infirmary had not been honest with her about the risks involved with the second surgery, and that her son could have lived for a further thirty years had the surgery been performed correctly, Shara Vines made a malpractice claim for compensation against the hospital. Claiming compensation for death of child due to misinformation, Shara´s legal representatives called on expert witnesses who testified that the second operation was unnecessary in the circumstances and that on the balance of probability Jaidon would have survived for a considerable period of time without it. The John Radcliffe Infirmary made an offer of settlement in the amount of 20,000, which Shara accepted under advice.