Saturday , December 15 2018
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Claim for Brain Damage due to Negligent Surgery Heard in Court

The details of a claim for brain damage due to negligence surgery have been heard in the High Court prior to the approval of an interim settlement.

Jude Miley was born on 16th July 2011. In January 2012 Jude was diagnosed with a condition affecting the contour of his diaphragm and he underwent surgery at Our Lady´s Hospital for Sick Children to assist his breathing.

Unfortunately, a suture used in the operation was left untied and, due to its proximity to Jude´s heart, damaged the organ every time Jude took a breath. Two days after the operation, Jude went into cardiac arrest – suffering brain damage when his brain was starved of oxygen.

On his son´s behalf, Greville Miley – from Dundrum in Dublin – made a claim for brain damage due to negligent surgery against the hospital; alleging that the suture had been placed without the surgeon having sight of the heart and other vital organs.

Our Lady´s Hospital for Sick Children only admitted liability for Jude´s injury last year – originally contesting the claim for brain damage due to negligent surgery on the grounds that the risk of cardiac arrest was a known risk of the surgery, and nothing could be done about it.

As Mr Justice Anthony Barr heard at the High Court earlier this week, Jude´s parents were also excluded from the hospital´s internal investigation after being asked to be kept informed of any developments. Both Greville and Anne Louise subsequently had to give up their jobs to care for their son.

However, once the hospital had admitted liability, an interim settlement of the claim for brain damage due to negligent heart surgery amounting to €1.8 million was agreed. This interim settlement will allow the family to buy a suitable home to raise Jude and compensate Greville and Anne Louise for their loss of income.

Judge Barr approved the interim settlement of compensation and adjourned the case for an assessment of Jude´s future needs to be made.