Saturday , December 15 2018

Interim Settlement of Claim for the Failure to Diagnose Sepsis Approved in Court

A €550,000 interim settlement of a claim for the failure to diagnose sepsis has been approved in the High Court in favour of a man permanently in a coma.

On 3rd October 2011, Robert Bolton (71) underwent surgery on his oesophagus at the St James Hospital in Dublin. The surgery was considered to be successful but, the following morning, James suffered a heart attack due to respiratory failure brought on by sepsis.

Due to a combination of the heart attack and respiratory failure, Robert went into a coma and has been in a minimally conscious state ever since. Unable to speak or communicate – and oblivious to the presence of his family – Robert requires around-the-clock specialised care.

On her husband´s behalf, Robert´s wife – Angela – made a claim for the failure to diagnose sepsis against St James Hospital, alleging that the hospital had not met the generally accepted criteria for systemic inflammatory response and sepsis. It was also alleged that the hospital had failed to identify the symptoms of sepsis-related organ failure.

The hospital contested the claim for the failure to diagnose sepsis, but admitted that there had been failings in the standard of care provided to Robert. A €550,000 interim settlement of compensation was agreed to provide Robert´s care for the next two years. However, as the claim for the failure to diagnose sepsis had been made on behalf of a plaintiff unable to represent themselves, the settlement had to be approved by a judge.

Consequently, at the High Court, Mr Justice Kevin Cross was told the circumstances of Robert´s heart attack, its probable cause, and the consequences of his condition to his wife and family. Judge Cross approved the interim settlement after Angela told him that the family was happy that Robert´s care would be provided for. The judge commented that the settlement of the claim for the failure to diagnose sepsis had been well thought out and was obviously the result of hard bargaining.

AIB Announces Compensation for Tracker Mortgage Customers

AIB has announced it has set aside €105 million to pay compensation for tracker mortgage customers wrongfully put on variable interest rate accounts.

After years of denying that it was liable to pay compensation for tracker mortgage customers, AIB has made a €105 million provision in its 2014 Annual Report to pay redress to more than 3,000 mortgage holders. A further €85 million has been set aside for “other related matters” as part of a tracker mortgage review.

Three hundred AIB staff have already started the task of identifying which customers will be eligible for compensation. The bank has said that these customers will be given the option of converting their existing variable interest rate accounts to those tracking the interest rates set by the European Central Bank – potentially saving each household up to €12,500 per year.

The announcement of compensation for tracker mortgages comes as a major surprise. Just weeks ago AIB denied it had wrongly refused to restore tracker mortgages to property owners after their initial fixed rate mortgage term had expired. The bank removed tracker mortgages as an option in 2008 and converted many customers onto variable interest rate accounts which, at the time, were the most expensive in the Eurozone.

Last October the Central Bank launched an industry-wide review of the wrongful removal of valuable tracker mortgages after pressure from consumer groups and following an announcement from Permanent TSB that it was to pay compensation for tracker mortgage customers. The Permanent TSB paid compensation or reduced mortgage arrears in 1,372 cases.

According to the figures released by AIB, the average amount of compensation for tracker mortgage customers should be in the region of €65,000. However, as the calculations of compensation for tracker mortgage customers are being made by AIB, customers are advised to seek professional legal advice to ensure they receive appropriate redress.

Talk with our specialist tracker mortgage redress team on 1-800 844 303 for advice on how you can properly engage with AIB and receive your correct settlement of compensation for tracker mortgage customers.

Claim for the Late Diagnosis of Hydrocephalus Settled in Court

A child´s claim for the late diagnosis of hydrocephalus, which allegedly resulted in him suffering from autism, has been settled at the High Court.

Joe Keegan-Grant was born at the Mount Carmel Hospital in Dublin by emergency C-Section on 17th January 2008 after a scan had revealed an arachnoid cyst near the base of his brain and doctors wanted to avoid any pressure being applied to the cyst during Joe´s delivery.

Discharged in good health, Joe was regularly assessed by public health nurses and paediatrician Dr Vladka Vilimkova; but according to Joe´s mother – Patricia – neither plotted Joe´s head circumference on a chart or exchanged the measurements they had taken.

Due to the failure to exchange information, it was not realised that Joe´s head circumference was expanding faster than a normal child´s. It was only when the family moved to Creggs in County Roscommon that Patricia´s new GP expressed concerns about the size of Joe´s head.

Patricia requested a referral to the Crumlin Hospital for a scan and, in October 2008, Joe was diagnosed with hydrocephalus – a condition that is a known possible consequence of an arachnoid cyst. The condition was attributed to Joe´s developmental delay, behavioural problems and autism.

Through his mother, Joe made a claim for the late diagnosis of hydrocephalus, alleging that – as it was a known possible consequence of an arachnoid cyst – both the public health nurses and Dr Vilimkova should have been on the lookout for the condition.

Medical negligence was denied by the Health Service Executive (HSE), but as Mr Justice Kevin Cross was told at the High Court, a €1.9 million offer of settlement had been made to the family without an admission of liability.

Judge Cross heard that, despite his autism, Joe was doing well at school. However, he would not be able to care for himself when he grew older, live an independent life or earn a living. Joe´s father told the judge: “we just want to ensure that we can look after him and offer him the best care and therapy and interventions that can bring him along.”

It was also explained to the court that although Joe´s legal team had evidence to support the claim for the late diagnosis of hydrocephalus, the HSE had experts that would dispute the link between undiagnosed hydrocephalus, developmental delay and autism. With there being an issue of doubt over causation, Joe´s barrister had recommended that the family accept the offer of compensation.

The judge said it would be prudent for him to approve the settlement of Joe´s claim for the late diagnosis of hydrocephalus; noting that there was a risk that, should the case go to a full hearing, the HSE could win its argument. Judge Cross approved the €1.9 million compensation settlement and wished Joe and his parents all the best for the future.

Compensation for the Delayed Delivery of a Child Approved

An interim settlement of compensation for the delayed delivery of a child, who consequently sustained brain damage, has been approved in the High Court.

Mohammad Daud Assad (now aged eleven years) was born at the Rotunda Hospital in Dublin on February 20th 2004 by emergency Caesarean Section after becoming distressed in his mother´s womb. Mohammad was born in a poor condition and needed resuscitating after the delivery.

Due to being deprived of oxygen immediately before his birth, Mohammad suffered severe brain damage. He now suffers from cerebral palsy and has both mental and physical disabilities. Unable to speak, Mohammad will need full-time care and support for the rest of his life.

Through his mother – Alia Muryem Assad of Ballyfermot in Dublin – Mohammed claimed compensation for the late delivery of a child against the Rotunda Hospital. It was alleged that his mother arrived at the hospital at 9:00am on the morning of his birth – ten days overdue – but that he not delivered until 10:30pm.

In excessively delaying Mohammad´s birth, it was claimed, there was a failure to properly assess his mother and consider a failing of the placental function – particularly after a reduction of the foetal heart rate was recorded several hours before his birth.

At the High Court, Mr Justice Kevin Cross heard that Mohammad attends mainstream school and enjoys music. He was also told that the Rotunda Hospital had only acknowledged liability for Mohammad´s birth injuries within the last two weeks, and that an interim settlement of €3 million compensation for the delayed delivery of a child had been agreed.

The judge approved the interim settlement of compensation for the delayed delivery of a child and commented that the way in which the family had rallied round to help Mohammad´s parents “restored one´s faith in humanity”. The case was then adjourned until 2022, when Mohammad´s future needs will be assessed and a full settlement of his claim resolved.

Court to Decide Compensation for the Mismanagement of Cancer

The High Court will decide this week how much compensation for the mismanagement of cancer a plaintiff should receive after liability was admitted by the HSE.

In July 2010, Kevin McMahon – a 63 year-old truck driver from Roxboro in County Limerick – underwent a biopsy at the Mid-Western Regional Hospital due to the discovery of a lesion on the left side of his vocal chords.

As the lesion could have been an indicator of cell carcinoma, Kevin´s histopathologist scheduled him for a second biopsy in October. However, that appointment was later cancelled and re-scheduled for January 2001.

When Kevin attended the re-scheduled appointment, he was told he would have to undergo urgent surgery to remove his larynx. The operation went ahead, and now Kevin has to speak through an artificial voice box.

On discovering that the lesion on his vocal chords could have been successfully treated with targeted radiotherapy, Kevin claimed compensation for the mismanagement of cancer – alleging that the treatment he received was inappropriate and had caused significant damage and distress.

It was also alleged that there had been a failure to discuss the treatment options available and – as a consequence – Kevin had been unable to give his informed consent for the surgery taking place. A further complaint related to the delay in conducting the second biopsy.

The Health Service Executive contested the claim for compensation for the mismanagement of cancer until this past Tuesday, when – on the day before a court case was due to start to determine liability – the HSE acknowledged that the treatment Kevin had received was inappropriate in the circumstances.

A the High Court, Mr Justice Kevin Cross was told that liability was no longer an issue and the case was before him for the assessment of damages only. The judge will now hear evidence to determine how much compensation for the mismanagement of cancer Kevin should be awarded.

Compensation for a Brain Injury in a Crash with a Lorry

The High Court has approved a €750,000 settlement of compensation for a brain injury in a crash with a lorry in favour of a twenty-five year old man.

Francis Smith from Edgeworthstown in County Longford was just eighteen years of age when – on 27th January 2009 – he crashed into a stationary council lorry while trying to avoid hitting a car that was heading towards him as he came off of a bend on the southbound carriageway of the road. The stationary lorry had stopped close to where Longford County Council was carrying out roadworks.

Francis sustained a traumatic brain injury in the accident, due to which he suffers from physical and cognitive difficulties and has had to give up his job in a local factory. As he is unable to represent himself legally, Francis´ mother claimed compensation for a brain injury in a crash with a lorry against Longford County Council on his behalf.

In her claim for compensation for a brain injury in a crash with a lorry, Francis´ mother alleged that the council had been negligent by failing to warn motorists of the roadworks on the southbound carriageway. She claimed that there were no warning signs, no bollards around the roadworks and that the council´s lorry projected into the road – creating a further hazard for motorists.

Longford County Council initially refused to accept responsibility for Francis´ injury and argued that Francis had been negligent by taking the bend at an excessive speed. However, after a period of negotiation, the two parties agreed on a €750,000 settlement of compensation for a brain injury in a crash with a lorry.

As the injury compensation claim had been made on behalf of a plaintiff unable to represent himself, the settlement went to the High Court to be approved by Mr Justice Kevin Cross. Judge Cross heard the circumstances of the accident and the impact it had on Francis´ life before approving the settlement of compensation for a brain injury in a crash with a lorry.

The judge noted that the €750,000 settlement represented a quarter of the claim´s full value and said that, in the circumstances, the settlement was a good one. Judge Cross closed the approval hearing by wishing Francis all the best for the future.

Claim for a Retained Swab during Childbirth Resolved

A claim for a retained swab during childbirth has been resolved at the High Court with the award of €117,000 compensation to the injured mother.

On 22nd April 2013, Sarah Daly (38) from Rathfarnham in Dublin gave birth to a healthy child at the Mount Carmel Hospital. Three days later, Sarah was taken back to the hospital by her husband in extreme pain.

No internal examination was conducted for a further three days, when a swab “the size of a plum” was discovered and removed. However, as the swab was removed without any antibiotics being prescribed, Sarah developed a significant infection which caused her further pain and discomfort.

Sarah made a claim for a retained swab during childbirth against consultant Valerie Donnelly and Charles Julian Dockeray – who had managed the delivery and was standing in for Ms Donnelly – alleging that the swab was wrongfully inserted, that the presence of the swab was not identified for three days after she presented at hospital, and that she was discharged without antibiotics, resulting in an infection.

Liability was admitted by the medical professionals and the claim for a retained swab during childbirth went to the High Court for the assessment of damages. At the High Court, Mr Justice Kevin Cross said what ought to have been a very joyous occasion for Sarah had become something that will live with her for the rest of her life.

The judge awarded Sarah €117,000 in settlement of her claim, commenting that the award was “fair and reasonable”. The judge added that the size of the award represented the hospital´s negligence in failing to conduct an internal examination when Sarah first complained three days after the birth of her child. Had the swab been detected immediately, Sarah would not have developed the subsequent infection.

Note: Normally a claim for a retained swab during childbirth would not warrant this level of compensation. As Mr Justice Kevin Cross noted, Sarah sustained a series of avoidable injuries and the amount of the compensation awarded to Sarah reflects the injuries she sustained, rather than the level of negligence demonstrated by the hospital´s medical professionals.

Judge Approves Settlement of 22 Claims for Abuse at a Creche

A High Court judge has approved the settlement of twenty-two claims for abuse at a crèche relating to alleged assaults at the Links Abington Crèche in Dublin.

The Links Abington Crèche in Malahide, Dublin, was the subject of an RTÉ documentary in March 2013. The documentary – “Breach of Trust” – saw pre-school children being physically and verbally abused by staff at the childcare facility.

Following broadcast of the documentary, the parents of twenty-two of the children made claims for abuse at a crèche against Links crèche Southside Ltd, Links crèche Montessori Ltd, and the owners of the crèche – Padraig and Deidre Kelly.

The defendants entered a full defence against the claims for abuse at a crèche but, at the High Court, Mr Justice Kevin Cross heard that offers of settlement had been made to the parents of the children without an admission of liability.

The settlements were divided into three categories for children who had been physically or verbally abused during the broadcast of the documentary, for children who had been sitting alongside those who had been abused, and for children who were present at the time of the alleged abuse, but not shown in the broadcast.

The judge was told details of some of the treatment that the children received. One boy with mobility issues had been grabbed roughly and placed forcibly onto a mat when he tried to crawl away during “circle time”. Other cases involved children who were shouted at during mealtimes, and one involving a child who had a hand slapped and was sworn at for handling food.

It was alleged in the claims for abuse at a crèche that many of the children exhibited a high level of stress around nappy changing time and had developed “behavioural difficulties” that had stopped once the children were removed from the crèche. However, none of the children appear to have suffered any long-term consequences of the alleged mistreatment.

After hearing that a separate claim made by the parents for nervous shock had been settled out-of-court, Judge Cross approved the settlements of the claims for abuse at a crèche, which ranged from €40,000 to €75,000 depending on the category of alleged abuse each child had suffered.

Leading Barrister Calls for Legal Duty of Candour in Ireland

Leading barrister Doireann O’Mahony has called for a legal duty of candour in Ireland to prevent unnecessary delays resolving medical negligence claims.

Writing in the Irish Examiner, Ms O´Mahony claims that the practice of keeping quiet when mistakes have been made has become a culture within the Health Service, and that this culture has resulted in the failure of the Health Service to admit when it was wrong and learn from its mistakes.

According to Ms O´Mahony, the culture has developed despite a national policy on open disclosure being launched by the Health Service Executive and State Claims Agency two years ago. Unfortunately, the barrister alleges, the policy is not working and what is needed is a legal duty of candour in Ireland.

Ms O´Mahony continues by explaining that a legal candour of duty was introduced in England and Wales last year which makes it a criminal offence not to advise a patient when – for example – a procedure has gone wrong or a medication has caused an adverse effect.

She also repeats comments made by health minister Leo Varadkar last year that it was the equivalent of a motoring hit and run for doctors and healthcare professionals to fail to make such disclosures and to live up to their duty of candour.

With a legal duty of candour in Ireland – and proper risk management thereafter – Ms O´Mahony suggests that lessons would be learned when mistakes are made so that they will not be repeated over and over again. She highlights recent scandals in Portlaoise, in Cavan and in Portiuncula as examples of when lessons should have been learned, but weren´t.

The barrister explains that, in many cases, the motive behind a claim for medical negligence compensation in Ireland is for patients and their families to get an explanation of what went wrong. Only when long-term care for a child has to be paid for is the amount of any compensation settlement of significance.

A legal duty of candour in Ireland, Ms O´Mahony claims, would prevent the need for victims of medical negligence and their families to endure protracted and often hostile litigation just to receive an apology they are entitled to. When mistakes are admitted and properly assessed afterwards, patients would not need assurances that “lessons have been learned” and “changes have been made” so that what happened to them will not happen to anybody else.

Litigation can be a force for good and provide the impetus for improvement – Ms O´Mahony claims in the conclusion of her article – provided there is a proper risk management feedback loop. She hopes that, through the introduction of long-overdue procedural reform in medical negligence cases and a legal duty of candour in Ireland, a culture of more openness and honesty will develop.

Woman Settles Claim for DVT due to Medical Negligence

A woman has settled her claim for DVT due to medical negligence, made against the hospital at which she underwent a hysterectomy procedure.

Forty-four year old Tina Grace from Kirkby in Nottinghamshire underwent the hysterectomy procedure at the Kings Mill Hospital on 13th August 2012. Tina was discharged on 18th August despite her parents raising concerns with the hospital authorities that she was not well enough to care for her two children aged 2 and 13 at the time.

Three weeks after her hysterectomy, Tina complained of feeling breathless and of a burning sensation in her leg. Her parents called an ambulance, which took Tina back to the Kings Mill Hospital. Tina was diagnosed with deep vein thrombosis (DVT) and, worryingly, the blood clot in her leg had broken up and travelled up to her lungs – resulting in a pulmonary embolism.

Tina remained in hospital for eleven days receiving treatment for the pulmonary embolism. After she was discharged, she had to take Warfarin for a further six months. Tina sought advice from a solicitor about the treatment she had received and made a claim for DVT due to medical negligence – alleging that the hospital should have provided with surgical stockings and anti-clotting medication on 18th August discharge.

Liability for Tina´s injuries was acknowledged by Sherwood Forest Hospitals NHS Foundation Trust in November 2012. The NHS Trust said that, on the balance of probabilities, Tina´s pulmonary embolism would likely have been avoided if surgical stockings and anti-clotting medication had been provided following her hysterectomy procedure.

After protracted discussions, an undisclosed settlement of the claim for DVT due to medical negligence was negotiated with the NHS Trust. Speaking after the settlement had been agreed, Tina told her local newspaper she was afraid that her children would be left motherless due to the hospital´s medical negligence. “I really felt like I could have died. I was terrified and it felt like every breath I took would be my last,” she said.

NHS Admits Liability in Claim for Negligent Post-Operation Care

Negotiations are underway to settle a claim for negligent post-operation care after a teenage girl was brain damaged following an appendectomy procedure.

In September 2011, fifteen-year-old Anna White from Wigan was admitted to the Royal Albert Edward Infirmary for a routine appendectomy procedure. The operation was performed successfully but, while Anna was recovering, she started convulsing.

Anna´s mother called a nurse for assistance, but Anna suffered a cardiac arrest while waiting for medical help to arrive. Due to the delay in resuscitating her, Anna´s brain was deprived of oxygen – due to which she suffered brain damage and now has catastrophic disabilities.

Now aged nineteen, Anna´s intellectual ability is unimpaired, but she is unable to get out of bed or move from her wheelchair without specialist equipment. Anna cannot feed herself or wash without help and is only able to communicate by looking at letters on a board to spell out words. Doctors say Anna will remain “locked in” her body for the remainder of her life.

The care that was provided for Anna after her surgery was investigated and it was discovered that the tube used to deliver anaesthetic to Anna during the appendectomy procedure was not flushed out properly after it had been used. A small dose of the anaesthetic remained inside it and, when fluids were administered to Anna through the same tube during her recovery, the remaining anaesthetic was delivered into her body, causing her to go into cardiac arrest.

Anna´s mother sought legal advice and made a claim for negligent post-operation care against the Wrightington, Wigan and Leigh NHS Foundation Trust. After a lengthy delay, the NHS Trust admitted liability, and negotiations to settle the claim for negligent post-operation care have started to provide Anna with the funds to support the specialist care she will need for the rest of her life.

A spokesperson for the Wrightington, Wigan and Leigh NHS Foundation Trust said: “The Trust has admitted that the care it provided to Anna White fell below an acceptable standard, and has apologised unreservedly to Ms White for this. The Trust has implemented a number of changes to eliminate the possibility of this type of failing occurring in the future”.

O´Brien Criticises State for Forcing Medical Negligence Litigation

The Director General of the Health Service Executive – Tony O´Brien – has criticised the State Claims Agency for forcing medical negligence litigation.

The head of the HSE was addressing the Oireachtas health committee when he commented that the State Claims Agency contests too many claims for medical negligence compensation and forces plaintiffs to take their claims to court.

Mr O´Brien criticised the adversarial framework used by the Agency, and said that medical negligence litigation delayed compensation to families to whom it was rightfully due for up to a decade. “These cases go on for up to 10 years and the State loses 99 per cent of them,” he said, “so why all that trauma for people to get what they need.”

The Director General added that medical negligence litigation was also damaging to the healthcare professionals involved in each hearing. He said that, although the healthcare professionals were not on trial, they faced cameras at the entrance to “show trials” when the outcome of the hearings was likely to be in the plaintiff´s favour.

Mr O´Brien is keen to promote accountability and said that the State Claims Agency had an “unrealistic” view about risk and safety in healthcare. His solution to excessive medical negligence litigation, Mr O´Brien told the Oireachtas health committee, would be the creation of a compensation fund to support a different system of resolving cases involving cerebral palsy and other avoidable birth injuries.

In response to Mr O´Brien´s criticisms, the State Claims Agency issued a statement saying that 97 percent of cases are resolved without medical negligence litigation; and, in cases where liability is contested, courts find in the Agency´s favour 75 percent of the time.

In October the State Claims Agency published a review of maternity and gynaecology services in Ireland in which it was revealed that total expenditure on cerebral palsy compensation claims had increased from €27 million in 2010 to €47 million in 2014. The increase was partly attributed to more cerebral palsy compensation claims being resolved with a lump sum payment than an interim payment due to the failure to introduce a system of periodic payment orders.

NHS Trust Fined £500,000 for Avoidable Deaths in Hospital

Stafford Crown Court has fined the Mid Staffordshire NHS Foundation Trust for health and safety failings that resulted in four avoidable deaths in hospital.

Following an investigation by the Health and Safety Executive into four fatalities at the Stafford Hospital – three of them following a patient fall in the hospital, and the fourth attributable to a patient being administered drugs she was known to be allergic to – charges were brought against the Mid Staffordshire NHS Foundation Trust last year.

At Stafford Magistrates´ Court in November, the NHS Trust pleaded guilty to “very significant failings” in the care provided for the four patients and magistrates referred the case to Stafford Crown Court for sentencing. At the sentencing hearing, Mr Justice Haddon-Cave was told that three of the charges related to the lack of a proper risk assessment that would have identified measures to prevent falls.

The judge – who, in 2007, fined the NHS Trust £200,000 for health and safety failings related to the death of Gillian Astbury – was read extracts from relatives´ victim statements. Judge Haddon-Cove said that the failings responsible for the avoidable deaths in hospital could be blamed on the lack of a robust management system for safeguarding patients.

Sentencing the Mid Staffordshire NHS Foundation Trust to a £500,000 fine, the judge said: “I hope today brings some closure and finally draws a line under the past, and that Stafford and Cannock Hospitals can open a new and bright chapter and become the hospitals that their dedicated staff and local communities can once again be proud of.”

The fine for the avoidable deaths in hospital will have to be paid by the Secretary of State for Health as the Mid Staffordshire NHS Foundation Trust has been closed own following an unprecedented number of deaths in the hospitals it was responsible for. The Secretary of State for Health will also have to pay the £35,517 costs incurred by the Health and Safety Executive during the investigation of the fatalities.

Speaking to reporters after the sentencing hearing´s conclusion, Wayne Owen – one of the inspectors involved in the Health and Safety Executive´s investigation – issued a statement on behalf of the victims´ families. Mr Owen said: “The families acknowledge the NHS Trust´s unreserved apology. The conclusion of this case goes some way towards bringing the closure that they all need”.

Claim for a Fatal Delay in Identifying Surgical Complications

A family from West Yorkshire is to receive a six-figure out-of-court settlement following a claim for a fatal delay in identifying surgical complications.

On 28th April 2009, thirty-eight year old Tracy Hall was admitted to the Pinderfields Hospital in Wakefield for the reversal of a stoma. The elective surgery took nine hours to complete, after which Tracy suffered complications including internal bleeding and an infection.

Tracy´s condition continued to deteriorate and, on 4th May, nursing staff identified blood in her stoma bag. Tracy was returned to theatre, where it was discovered that an artery had been cut during surgery and that the cause of the blood was that her abdominal wall had burst.

Tracy had been diagnosed with Crohn´s disease in 1996 and, prior to her surgery, her condition had been particularly active. She had suffered from abdominal pain and lost nearly three stones in weight in the months leading up to her operation.

In a very weak condition, Tracy was moved into the hospital´s High Dependency Unit. She was sedated and put onto a life support machine, but tragically died eight days later from multiple organ failure caused by sepsis.

Tracy´s husband instructed medical negligence solicitors to investigate the care his wife had received subsequent to her surgery. The solicitors discovered that there had be a delay in identifying and treating the complications and that, due to Tracy´s condition prior to the operation, surgery should not have even taken place.

Tracy´s husband subsequently made a claim for a fatal delay in identifying surgical complications against the Mid Yorkshire Hospitals NHS Trust. The NHS Trust admitted that the standard of care Tracy received both before and after her surgery were sub-standard, and a six-figure settlement of the claim was negotiated.

Speaking after the claim for a fatal delay in identifying surgical complications had been resolved, Tracy´s mother told reporters: “We have been completely heartbroken since losing Tracy – it was incredibly difficult for the whole family to see her suffer like she did and deteriorate so quickly in front of our eyes. We never imagined that just two weeks after surgery she would no longer be with us. I just hope that this doesn’t happen to any other families and that the NHS Trust learns from its mistakes.”

Claim for a Doctor Failing to Consider a Phobia Resolved

A woman has successfully resolved her claim for a doctor failing to consider a phobia while he was performing a thyroidectomy on her.

Sylvia Ramsay (66) admits she has an irrational fear of medical instruments and surgical items, but it is something that has plagued her since she was a child. In 2010, Sylvia needed a thyroidectomy and only agreed to undergo the procedure when she heard that the procedure could be performed using dissolvable stitches rather than metal clips.

Prior to undergoing the procedure at the Spire Roding Hospital in Essex, Sylvia explained her phobia to consultant surgeon Dr Akinyada Ojo. As far as Sylvia was aware, Dr Ojo understood that she had a phobia about medical instruments and that he would conduct the surgery using the dissolvable stitches.

However, a year after undergoing the thyroidectomy, Sylvia was referred to a specialist after complaining of breathing difficulties. In order to assist with his diagnosis, the specialist took an X-ray of Sylvia´s throat that revealed the presence of twenty-five metal clips.

Sylvia told her local newspaper she panicked and became a nervous wreck. She had to undergo months of therapy before she was even able to contemplate surgery to have the metal clips removed. Eventually she found the strength to undergo more surgery in 2013.

After speaking with a solicitor, Sylvia made a claim for a doctor failing to consider a phobia against Dr Ojo and the Spire Roding Hospital. Dr Ojo denied that he had deliberately gone against her wishes and attributed the error to a misunderstanding.

A lengthy period of unsuccessful negotiation was followed by the issuing of court proceedings. Only then was a satisfactory resolution to Sylvia´s claim for a doctor failing to consider a phobia forthcoming – although the settlement was made without an admission of liability.

“I know this is not a rational reaction but it is not something I can control,” Sylvia told her local newspaper after her claim for a doctor failing to consider a phobia had been settled. “It’s like putting an arachnophobe into a room full of spiders and telling them not to be so silly.”

High Court Approves Midwife Negligence Compensation Settlement

The High Court in London has approved an £11.5 million settlement of midwife negligence compensation in favour of a five-year-old boy from Brighton.

The young boy – who cannot be named for legal reasons – was born in March 2010 at the Royal Sussex County Hospital after being starved of oxygen in the womb due to a failure by midwives notice his mother´s prolapsed umbilical cord.

Due to being starved of oxygen, the young boy now suffers from athetoid cerebral palsy – a disorder that results in epilepsy and involuntary movements, poor sight and a speech impediment. Because of his disorder, the boy will never be able to live an independent life.

On behalf of his son, the boy´s father made a claim for midwife negligence compensation in 2011. In the action against the Brighton and Sussex University Hospitals NHS Trust it was alleged that if the hospital´s midwives had notice the prolapsed umbilical cord, the child would have been delivered earlier and would not have suffered such devastating injuries.

It was not until the end of 2012 that NHS trust admitted liability for the child´s birth injuries and an interim payment of midwife negligence compensation was paid to the family. Reports were then prepared into the child´s future needs and this week at the High Court in London a care and rehabilitation package valued at £11.5 million was approved in final settlement of the claim.

Speaking after the approval hearing, the family´s solicitor issued a statement about the settlement of midwife negligence compensation. He said: “We are pleased that we secured this settlement for him and his family, they now have the financial security and reassurance that the costs for his future treatment will be met.”

The statement continued: “We hope that lessons are learnt by the Hospital and their staff so that patient safety in this situation can be improved and each and every patient receives the best quality of care at all times.”

Settlement of Medical Negligence Claim for a Mismanaged Birth Approved in Court

The settlement of a medical negligence claim for a mismanaged birth has been approved at the High Court in favour of a couple who lost their two-day old son.

On 20th November 2012, Fiona Watters was admitted into the Cavan General Hospital in the later stages of a pregnancy. Fiona´s waters were broken at 10:30am on the morning of 22nd November by consultant obstetrician Dr Salah Aziz, and she was administered Prostiglandin – a synthetic drug similar to Syntocinon – to accelerate her labour.

During the course of the day, the levels of Prostiglandin were increased. By 9:30pm that evening, Fiona´s contractions were so close together that a natural birth was attempted. However, after an hour the midwife rang Dr Aziz to inform him that the child´s head was still not visible and the indications were that the child was suffering foetal distress.

On his arrival at the Labour Ward, Dr Aziz learned that another C-section procedure was occupying the theatre. He attempted a forceps delivery which failed and a vacuum delivery – both of which failed. When the theatre became available, Fiona underwent an emergency C-section, but her son – Jamie – was born in a very poor condition. He was transferred to special care baby unit at the Rotunda Hospital, where he tragically died in his mother´s arms two days later.

An initial investigation into the cause of baby Jamie´s death was quashed by the High Court in August 2013 after Dr Aziz asserted that the correct procedures had not been followed by HSE investigators. However, having received an advanced copy of the report, Fiona and her partner – Francis Flynn – made a medical negligence claim for a mismanaged birth against Cavan General Hospital and the HSE.

The HSE failed to acknowledge liability for Jamie´s death until July 2014, and subsequently commissioned a second investigation into his death – this time to be conducted by an independent review team following two further newborn deaths at the Cavan General Hospital.

An inquest in December 2014 attributed Jamie´s death to a medical misadventure – citing the increase in the administration of Prostiglandin, Dr Aziz´s negligence in not informing the registrar that the drug had been administered, and the lack of a second out-of-hours theatre at the hospital being causative events leading up to Jamie´s death.

Following the verdict, the solicitor representing Fiona and Francis started negotiations with the State Claims Agency to settle the medical negligence claim for a mismanaged birth. Due to the traumatic circumstances of Jamie´s birth and the protracted nature of the investigations into Jamie´s death, a settlement of €70,000 was agreed to account for the long-lasting grief and distress that had been suffered by Jamie´s parents.

Earlier this week, details of the medical negligence claim for a mismanaged birth were related to Mr Justice Richard Humphreys at the High Court. Judge Humphreys approved the settlement, stipulating that €5,000 of the compensation should be paid into court funds for the benefit of Fiona and Francis´ daughter.

Northern Ireland Medical Negligence Claims Cause for Concern

Concerns have been raised that an increase in Northern Ireland medical negligence claims will exhaust addition funding allocated to the health service.

The concerns were raised by Ulster Unionist MLA Jo-Anne Dobson after figures from the Department of Health showed that 752 new medical negligence claims had been made against the health service in Northern Ireland in the twelve months to April 2015.

Ms Dobson expressed fears that £47.6 million of addition healthcare funding allocated to the province will be used to settle claims against the health service after the figures also revealed that, during the same period, £41.3 million was paid out in compensation and legal fees to settle Northern Ireland medical negligence claims.

The Ulster Unionist spokesperson for health and agriculture told reporters “Given the worryingly high £41.3 million cost of medical negligence cases last year, and the potential for higher costs this year, I am concerned that this new funding had already been swallowed up by the health service before it was even announced.”

The 3,061 Northern Ireland medical negligence claims that were processed during 2014/15 represent an 11.3 percent increase from five years ago. The majority of the claims relate to negligent treatment, the failure to make a correct diagnosis, the misinterpretation of test results or the failure to act on test results. Other injuries caused by medical negligence in Northern Ireland included child birth injuries and surgical errors.

Peter Walsh – the chief executive of Action against Medical Accidents – commented that the National Health Service should give a higher priority to avoiding patient safety lapses and be prepared to admit that a mistake has been made much sooner after a claim has been made to save legal costs. Northern Ireland medical negligence claims currently take two and a half years to resolve on average.

A spokesperson for the Department of Health said: “The department is committed to providing high quality, safe and effective health and social care services to all patients and clients across Northern Ireland. The treatment and care provided to the overwhelming majority of people is of the highest quality. On occasions, things do go wrong and when they do, it is right that people are compensated appropriately.”

Claim for a Hospital Death due to Meningitis Resolved at Court

A claim for a hospital death due to meningitis has been resolved in the High Court with the approval of a compensation settlement and an apology from the HSE.

Thirty-nine year old Philip Morrissey attended his GP on 26th May 2010 complaining of a headache, a high temperature and earache. The GP referred Philip to St Luke´s Hospital in Kilkenny, where he was admitted after being found to have a high pulse rate by doctors in the hospital´s A&E department.

Six hours after being admitted, Philip complained of light intolerance. His wife – Gail – also raised concerns that he was disorientated and drowsy, but she was told by medical staff that Philip´s condition was due to him being constipated.

The following morning – two days before his fortieth birthday – Philip was found slumped in his bed at 6:05am having suffered a cardiac arrest. The cause of the fatal heart attack was later identified as being due to streptococcal pneumonia meningitis.

Gail subsequently made a claim for a hospital death due to meningitis against the Health Service Executive (HSE), alleging that there had been a failure to consider that Philip´s symptoms were attributable to meningitis, to correctly diagnose his condition and provide adequate treatment.

After an investigation into Philip´s death revealed that he had not been attended by a doctor since 3:40pm the previous day, the HSE admitted liability and a €455,000 settlement of Gail´s claim for a hospital death due to meningitis was negotiated.

Due to the nature of Philip´s death, the settlement of the claim for a hospital death had to be approved. The approval hearing took place at the High Court in Dublin earlier this week before Mr Justice Michael Hanna at the High Court.

At the hearing, Judge Hanna heard the circumstances of Philip´s death and a statement read out to the family apologising for the standard of care Philip had received subsequent to his admission.

Judge Hanna approved the settlement of Gail´s claim for a hospital death due to meningitis – commenting that the family had experienced a “huge tragedy” and, while money could never compensate for Philip´s loss, it was the best the law could do.

Settlement of Claim for Burns due to Carers´ Negligence

An undisclosed settlement of a claim for burns due to carers´ negligence has been paid to the daughters of a woman who was injured in a bathroom accident.

Ninety-year-old Jessie King suffered from dementia and was attended daily in her Rotherham home by two carers who helped Jessie out of bed and assisted her to the bathroom for a shower. On 15th February 2012, Jessie fell while getting ready for her shower and landed with her back against the bathroom radiator.

The two carers contacted Rothercare – a home care services provider – to assist them after Jessie´s fall. Unfortunately, neither of the carers considered that the radiator against which Jessie had fallen was still on. When specialists from Rothercare arrived, Jessie was helped to her feet. She was then helped to finish her shower by the specialists while the two carers prepared Jessie´s breakfast before leaving.

It was not until Jessie was visited later in the day by her daughter and a District Nurse that the injury was discovered. The District Nurse called an ambulance and Jessie was taken to the Northern General Hospital, where she was admitted into the burns unit. Jessie had to undergo several skin grafts due to the burns on her back being so severe.

On Jessie´s behalf, a claim for burns due to carers´ negligence was made against Nestor Primecare Services Ltd trading as Saga Home Care – the company that employed the two carers who had visited Jessie on 15th February. The company denied liability for Jessie´s burn injuries; but, after court proceedings were issued, the claim for burn due to carers´ negligence was resolved by negotiation for an undisclosed amount.

Speaking after the settlement of the claim for burns due to carers´ negligence, one of Jessie´s two daughters told her local newspaper: “The injuries mum suffered were absolutely horrendous and we can’t believe that her carers failed to notice she was lying against a hot radiator and that she had suffered severe burns. We are absolutely shocked that Nestor Primecare Services Ltd has continued to deny liability for the injuries and that they have never apologised for what happened.”

Sadly Jessie passed away in May 2013.

HSE to Appeal High Court Cerebral Palsy Award to Supreme Court

The HSE has indicated that it will take a High Court cerebral palsy award to the Supreme Court after losing an appeal against the original settlement.

On 12th July 2006, Gill Russell was born at the Erinville Hospital in Cork suffering from dyskinetic cerebral palsy. The cause of his injury was described as a “prolonged and totally chaotic” delivery by his legal representatives after his mother – Karen Russell from Aghada in County Cork – had undergone a symphysiotomy to assist with the birth.

On her son´s behalf, Karen Russell made a claim for compensation against the Health Service Executive (HSE). Liability was admitted and, in 2012, Gill received an interim High Court cerebral palsy award of €1.4 million. This was followed two years later with a further High Court cerebral palsy award of €13.5 million – the highest settlement ever awarded by the High Court for cerebral palsy.

The HSE and State Claims Agency appealed the level of the High Court cerebral palsy award – arguing that Mr Justice Kevin Cross had based the award on a much lower rate of interest than was traditionally used in Irish courts to calculate the future value of the settlement. The two agencies warned that it was a dangerous precedent that could cost the state and the insurance industry up to €100 million per year.

However, earlier this week, a three-judge panel at the Appeals Court upheld the original settlement – stating that, using the previous formula, a catastrophically injured person would have to take “unjust and unacceptable” investment risks to ensure their financial security. The judges ruled that it was not the courts´ function to inquire what a claimant was likely to do with their award for the purposes of determining its value.

Handing down the verdict of the Appeals Court, Ms Justice Mary Irvine said that a seriously injured child should not be compared with an investor for the purposes of deciding what should be a prudent investment. Furthermore, she added, the HSE and State Claims Agency would not be in this predicament had the government not failed over decades to enact laws that would allow a structured compensation payment system.

Unfortunately for Gill and Karen Russell, the battle to settle the claim for compensation is not yet finished. The HSE has indicated that it will take the High Court cerebral palsy award to the Supreme Court, where its case will be heard by a seven-judge panel. The date of the hearing is not yet known.

Claim for a Fatal Injury during the Hospital Admission Process

A family has resolved its compensation claim for a fatal injury during the hospital admission process at the Queen Elizabeth Hospital in Birmingham.

Thirty-three year old Ross Askew from Selly Oak in the West Midlands attended the Selly Oak Hospital on New Year´s Day in 2010 after developing abdominal pains the previous evening. Ross was diagnosed with severe necrotising pancreatitis and transferred to the Queen Elizabeth Hospital in Birmingham.

During the hospital admission process, Ross started to vomit bile. The bile blocked his respirator, but this went unnoticed by hospital staff until Ross – who was already undergoing treatment for a recurring brain tumour went into cardiac arrest due to acute respiratory failure.

Ross suffered a significant brain injury due to being deprived of oxygen, and – once he had been treated for the pancreatitis condition – was transferred in April 2010 to a specialist rehabilitation unit. He was discharged from the rehabilitation unit into the care of his family in August 2010, but tragically died in October.

After seeking legal advice, Ross´s mother, Carol, made a compensation claim for a fatal injury during the hospital admission process at Queen Elizabeth Hospital. Carol alleged in the claim that the standard of care received by Ross during the admission process fell below an acceptable standard and was directly responsible for his death.

The University Hospitals Birmingham NHS Foundation Trust – the NHS Trust responsible for the Queen Elizabeth Hospital – denied that the care received by Ross during the admission process had been negligent. The NHS Trust contested the compensation claim for a fatal injury during the hospital admission process by arguing that the care Ross received was unrelated to the cause of his death.

After a protracted period of negotiation, the University Hospitals Birmingham NHS Foundation Trust eventually agreed to an undisclosed settlement of compensation without an admission of liability. Although glad that her claim for a fatal injury during the hospital admission process was finally resolved, Ross´s mother was upset about the NHS Trust´s failure to acknowledge liability. She told her local newspaper:

“We are bitterly disappointed that the Trust did not accept responsibility for the failings in his treatment. After he suffered the brain injury in early 2010, Ross needed 24-hour care as he wasn’t able to move independently or look after himself. We are devastated that he was taken away from us so suddenly and it is incredibly difficult for us to come to terms with.”

Epidural Injury Compensation Claim Allowed to Proceed

A woman has been given permission by the High Court in London to pursue an epidural injury compensation claim eleven years after suffering the injury.

In 2004, twenty-four year old Karen Rayner delivered her third child at the Medway Maritime Hospital in Kent. Prior to giving birth, Karen had been given an epidural. Karen claims that, at the time, the epidural caused her to lose all feeling in her legs and caused her to experience pains in her heads and spine.

Three weeks after the birth, Karen was readmitted to the hospital after being diagnosed with water on the brain – hydrocephalus. She underwent surgery to drain the fluid but continues to suffer with headaches and spinal pain.

Eight years later in 2012, a specialist determined that Karen´s ongoing health issues was possibly caused by the epidural needle being contaminated with chlorhexidine – an antiseptic commonly used in hospitals to reduce hospital-acquired infections.

Karen – who had since moved to Leeds – sought legal advice and, following an investigation into the viability of her injury being caused by hospital negligence, made an epidural injury compensation claim against Medway NHS Foundation Trust.

Medway NHS Foundation Trust contested the epidural injury compensation claim on the grounds that it was being made ten years after the event had happened and that the three-year Statute of Limitations for bringing hospital negligence claims had expired.

Karen´s solicitor argued that the epidural injury compensation claim was being made within three years of the “date of knowledge” of how Karen´s injury was sustained, and the case went to the High Court in London for the disagreement over the Statute of Limitations to be resolved.

At the High Court, Mr Justice Wilkie agreed with the solicitor´s interpretation of the Statute of Limitations and granted Karen permission to pursue her epidural injury compensation claim. The judge commented that Karen had been “assiduous” in pursuing her right to compensation, and said it would be wrong to prevent the epidural injury compensation claim from being heard. No date has yet been set for the full hearing.

Judge Increases Anti-D Hepatitis Compensation Award by €70,000

A judge has increased an award of Anti-D hepatitis compensation by €70,000 after hearing that the plaintiff had developed cirrhosis and encephalopathy.

The unnamed plaintiff was given an anti-D immunoglobulin blood transfusion in 1977 that was infected with the Hepatitis C virus. She received an interim settlement of anti-D hepatitis compensation in 1998, and started undergoing ribavirin treatment in 2013 when test results showed the possibility of cirrhosis.

Unfortunately, the ribavirin treatment resulted in the plaintiff suffering the side-effects of decompensated cirrhosis and encephalopathy – a brain condition that manifests as forgetfulness and slurred speech. Both the decompensated cirrhosis and encephalopathy conditions are irreversible.

The plaintiff made a claim to the Hepatitis C Compensation Tribunal for a further settlement of anti-D hepatitis compensation earlier this year. She was awarded €180,000 but appealed the decision as an earlier plaintiff with similar side effects had received €250,000 anti-D hepatitis compensation.

The Minister for Health opposed the appeal on the grounds that the plaintiff had received treatment for cirrhosis before her conditions were diagnosed, and consequently her case was different to the one in which the higher award had been made

The plaintiff took the appeal to the High Court where it was heard by Mr Justice Bernard Barton. Judge Barton was told that the plaintiff´s conditions had been triggered by the ribavirin therapy and would not have occurred but for the treatment that was necessary to prevent the original diagnosis of cirrhosis.

The judge also heard that and that the plaintiff´s brain disorder in particular had caused her great mental anguish because the symptoms of the condition frightened her grandchildren, who the plaintiff was very attached to and who are a very important part of her life.

Judge Barton found in the plaintiff´s favour – saying that it was “only fair and reasonable” that her settlement of anti-D hepatitis compensation be increase by €70,000 to €250,000 and that it was within the High Court´s power to compensate the plaintiff for the pain and suffering arising from the treatment she underwent in 2013.

Seven Women Claim Compensation for Negligent Hysterectomies

Seven women are claiming compensation for negligent hysterectomies against a gynaecologist who was found to have delivered a poor professional performance.

On Thursday, the Medical Council´s Fitness to Practise Committee found gynaecologist Dr Peter Van Greene guilty of failing to deliver a poor professional performance while having responsibility for the care of Helen Cruise – a sixty-one year old patient who had undergone a hysterectomy at the Aut Even private hospital in Kilkenny.

During the hearing, the Committee heard testimonies from Helen and three other women who had been treated by Dr Van Greene. During Helen´s testimony it was revealed that, after undergoing her operation, she had needed six units of blood due to excessive post-operative bleeding. It was also claimed that – due to the doctor´s poor professional performance – Helen has suffered from depression ever since.

Helen also told the Committee hearing Dr Van Greene had only explained the procedure she was about to undergo – and the risks involved with a hysterectomy – while already in the theatre and after she had been administered with a spinal anaesthetic. Although Dr Van Greene denied the allegations, he did admit to not obtaining Helen´s informed consent in a stress-free environment.

The Committee found that Dr Van Greene was guilty of a poor professional performance for failing to obtain Helen´s informed consent prior to her hysterectomy and for communicating with her in an inappropriate manner during a post-surgery conversation with her. The committee has not yet revealed what sanctions it will impose on Dr Van Greene, and these could include a fine or being struck off the medical register.

It was also revealed during the hearing that Dr Van Greene is currently unemployed – having last worked at the Whitfield Clinic in Waterford – and filed for bankruptcy in the UK in January this year. His bankrupt status will not prevent the women from recovering compensation for negligent hysterectomies as, if the claims are successful, the settlement of the claims will be paid by Dr Van Greene´s medical indemnity insurance company.

Varadkar Disputes IDA Dental Healthcare Claims

Health Minister Leo Varadkar has disputed dental healthcare claims made by the IDA that thousands of avoidable tooth extractions are conducted each year.

The dental healthcare claims were made at a seminar for Health Service dentists recently held in Carlow, where the president of the Irish Dental Association (IDA) – Anne Twomey – suggested that cuts in dental funding were responsible for 95 percent of more than ten thousand tooth extractions conducted on children under anaesthetic each year.

In her speech to the delegates, Ms Twomey explained that children under the age of fifteen were needlessly undergoing multiple extractions under anaesthetic in hospitals each year due to a reduction in the schools screening service and a lack of education. Some children, she claimed, were not receiving any form of dental treatment until the age of twelve.

The reduction in the schools screening service, Ms Twomey claimed, had led to many children suffering chronic oral infections – particularly in areas of Galway, Offaly, Kerry and some parts of Cork. Ms Twomey also presented anecdotal evidence that children were being admitted to hospital for antibiotic treatment to treat the infections while they waited for appropriate dental care.

The IDA says that it warning were given to the government five years ago about the impact of cuts to dental services in Ireland, and the Association claims that the cost of the unnecessary extractions would ultimately be much more than had been saved. The figure of ten thousand avoidable extractions was called a “national disgrace”

However Health Minister Leo Varadkar has disputed the accuracy of the dental healthcare claims. Speaking to reporters, Mr Varadkar said: “The number of publicly-employed dentists has gone down from about 312 to 300 in the last couple of years, so there hasn´t been a significant reduction in the number of publicly-employed dentists”.

Mr Varadkar also denied that avoidable hospital extractions for children were running at five times the rate of the UK. He commented that the figures he had seen suggested that the figure of 3,600 dental extractions on children under the age of fifteen under anaesthetic were more accurate, and added “I think we need to know all the facts before jumping to conclusions”.

Family Claim Compensation for a Fatal Post-Surgical Infection

The family of Susan McGee, who died from sepsis after undergoing a hernia operation, are claiming compensation for a fatal post-surgical infection.

Susan McGee (52) from Rush in County Dublin attended the Hermitage Medical Clinic on 13th July 2013 for elective hernia surgery. The surgery appeared to go well, and Susan was discharged on 16th July to be cared for by one of her two children – Melissa Barry.

On the following day, Susan complained of feeling unwell and having abdominal pain. Melissa took her back to the Hermitage Medical Clinic, where she was readmitted for observation. However, Susan´s condition deteriorated over the next few days and, on 22nd July, a CT scan revealed an obstruction in her small bowel.

Susan underwent an operation to clear the blockage, but her condition continued to deteriorate and she was transferred to the Beaumont Hospital on 23rd July. Susan died the following day from multiple organ failure brought on by sepsis that had been triggered by a C.difficle infection.

The initial inquest into Susan´s death in February 2015 had to be adjourned as only the consultants in charge of Susan´s care had given statements, and there was a risk that the evidence given by the nursing staff at the Hermitage Medical Clinic may be contradicted by that forwarded by Melissa Barry.

When the rescheduled inquest was held in June 2015, Dublin City Coroner´s Court heard that there had been a failure by nursing staff at the Hermitage Medical Clinic to report brown faecal fluid draining from Susan´s nasogastric tube, and that Susan´s vital signs had not been recorded between 8:00am and 6:00pm on Sunday 21st July – three days before she died.

The inquest also heard that there was only one resident medical officer on duty over the weekend of 20th/21st July – Dr Lachman Pahwani. Dr Pahwani testified that he had tried to spend as much time with Susan as possible over the weekend, but Susan was one of 81 patients that were staying at the medical facility at the time.

A verdict of death due to medical misadventure was recorded and, after the inquest hearing, Susan´s family sought legal advice before claiming compensation for a fatal post-surgical infection, the failure to identify the infection in an appropriate timescale and the loss of a loved one due to medical negligence. According to the family´s solicitor, a summons has now been issued and served on the Hermitage Medical Clinic.

Alliance wants Legislation to Improve Patient Safety in Hospitals

The Medical Injuries Alliance has called on politicians to fix a “glaringly obvious” problem that would help to improve patient safety in hospitals.

The Medical Injuries Alliance is an organisation that helps patients who have suffered injuries due to mistakes in hospitals get answers about how the mistakes were made. Among the Alliance´s objectives is the promotion of studies into why mistakes occur, so that the results can be used to improve patient safety in hospitals.

In order to meet this objective, the Alliance has frequently called on politicians to introduce laws that would force healthcare professionals to admit when mistakes have been made, to explain how they happened, and to issue an apology immediately. The “Duty of Candour” – the Alliance claims – would also accelerate the settlement of hospital negligence compensation claims.

The Alliance has a statement on its website that reads “the duty of candour in hospitals and doctors should be placed on a statutory footing, entitling injured patients to an accurate account of how they came to suffer medical injury in Irish hospitals” and, to force the issue of patient safety in hospitals, the Alliance has now written a letter to the Irish Times.

The letter was prompted by an article that appeared in the Irish Times that commented on a nine-year delay in the settlement of a cerebral palsy compensation claim. The paper wrote that the delay was due to alleged “stonewalling” by the Health Service Executive (HSE), pointed out that duty of candour laws were implemented in the UK last year, and that similar legislation is clearly needed in Ireland.

The response by the Medical Injuries Alliance was much in agreement with the sentiments of the article and highlighted the necessity to improve patient safety in hospitals. Joice McCarthy – the Secretary of the Medical Injuries Alliance – wrote that many hospital negligence victims are forced to take legal action to get answers that healthcare professionals are reluctant to give.

Ms McCarthy added that injured patients who have been through the legal process often found it to be a stressful and protracted experience; and she alluded to the recent “shabby episode” disagreement between the HSE and the State Claims Agency, in which both blamed the other for a six-year delay in settling a hospital negligence claim.

Ms McCarthy concluded her letter: “Instead of blaming any particular State organisation, or indeed having different State organisations blame one another for the current difficulties, it is high time politicians simply acted to introduce a legal duty of candour in order to fix what seems to be a glaringly obvious problem”.

Couple Reject HSE Apology for the Death of Newborn Child

A couple from Limerick has rejected an HSE apology for the death of their newborn child, saying that the Health Service Executive´s apology is six years too late.

On 11th February 2009, baby Caoimhe was born to Joan and John Mulcair from Corbally in Limerick after the couple had tried for many years to have a child. Tragically, Caoimhe died 39 minutes later in her mother´s arms.

At last week´s inquest into Caoimhe´s death, the jury heard that a lack of blood and oxygen supply to the baby´s brain had been identified and, that during Joan´s labour, a deceleration of the foetal heartbeat had been recorded.

In line with the coroner´s recommendations, the jury returned a verdict of death by medical misadventure – prior to which the court had heard an HSE apology for the death of the newborn child read out by Collette Cowan, the chief executive of the Midland Regional Hospital in Limerick where Caoimhe was born.

However, Caoimhe´s parents rejected the HSE apology for the death of a newborn child, saying that it had come six years too late. Speaking outside the Limerick courthouse, an emotional John said that it was a disgrace that the HSE had put “an ordinary decent family through the pain and torment we had to endure for over six years”.

John explained to reporters that the HSE had denied that there had been any failure to provide an acceptable standard to Caoimhe before, during or after her birth – until liability for her death was admitted last December, and a settlement of the family´s compensation claim was agreed.

In response, the HSE said it had no control over cases involving medical negligence, which are handled by the State Claims Agency. However, the passing of the buck was described as a “shabby episode” by a columnist in the Irish Times, who wrote:

“A common interest links the HSE and the claims agency and there has been a persistent pattern of denial, prevarication and years of unnecessary delay in dealing with medical claims. The public and aggrieved patients deserve better. So do the vast majority of medical professionals.”

IMHO Encourages Customers to make AIB Tracker Mortgage Claims

The IMHO has written to 4,200 customers of AIB, encouraging them to “come forward” if they believe they are entitled to make AIB tracker mortgage claims.

In the letter to AIB customers last week, David Hall – the chief executive of the Irish Mortgage Holders Organization – wrote that customers should have been offered tracker mortgages when their fixed rate mortgage agreements expired in a scenario similar to that which occurred at the Permanent TSB.

Mr Hall said that customers who believe they were “denied their contractual right” to a tracker mortgage should “come forward” and make AIB tracker mortgage claims in order to recover their overpayments and ensure they were on the best possible deal going forward.

Although the bank denies that customers are entitled to make AIB tracker mortgage claims, Mr Hall says that three AIB mortgage holders have received offers of compensation from the bank after having their cases investigated. He told the Irish Times:

“Indeed, we are aware of a number of cases within AIB where customers have been returned to their tracker rate, along with a refund of overcharged interest, having been denied the rate for a number of years”.

Who is Entitled to Make AIB Tracker Mortgage Claims?

Prior to 2008, AIB gave customers three options for when their fixed rate mortgage agreements expired. The choice was:

  • Either extend the fixed rate mortgage agreement,
  • Convert to a variable interest rate mortgage, or
  • Convert to a mortgage on a tracker interest rate.

Customers who failed to express a preference – or who were not told about the choice of options available to them – were automatically converted to a variable interest rate mortgage. In 2008, AIB scrapped the tracker interest rate option, as it was losing money for the bank.

Customers who were denied – or not informed about – the tracker rate option ended up paying one of the most expensive mortgage interest rates in the Eurozone, costing some families up to €12,500 per year in extra mortgage repayments. Consumer groups have criticized AIB for a lack of commitment to its customers, and now the IMHO is encouraging mortgage holders to make AIB tracker mortgage claims.

UPDATE March 2016.

The AIB´s 2015 Annual Report revealed that the bank had made a €105 million provision relating to the Central Bank of Ireland’s sector-wide redress programme for tracker mortgage customers. More than 3,000 customers will be eligible to make AIB tracker mortgage claims, with the average compensation-per-house-hold estimated to be €65,000.

You can read more about this development > here < or call our specialist tracker mortgage redress team on 1-800 844 303 for advice on how to make AIB tracker mortgage claims.

Settlement of Birth Injury Brain Damage Compensation Approved

A High Court judge has approved a €1.75 million settlement of birth injury brain damage compensation in favour of an eighteen year old man from County Sligo.

Thomas O´Connor was delivered by emergency Caesarean Section on September 6th 1996 at Sligo General Hospital, showing no signs of life due to being deprived of oxygen prior to his birth. He was resuscitated and taken to the hospital´s Intensive Care Unit, but on the way suffered a heart attack and had to be resuscitated once again.

Because of twice being deprived of oxygen, Thomas suffered terrible brain damage. He is spastic quadriplegic, blind, fed through a tube and cared for full-time at a residential home close to his family´s home in Collooney in County Sligo.

Through his mother, Ann, Thomas made a claim for birth injury brain damage against the Sligo General Hospital and the Health Service Executive – alleging that his mother received a poor standard of care prior to his birth, and that his heart attack was due to the tube used to ventilate him being too deeply inserted.

Sligo General Hospital and the Health Service Executive denied liability for Thomas´ brain injury, and contested the claim for birth injury brain damage compensation. Consequently, the case proceeded to the High Court in Dublin, where it was heard by Mr Justice Kevin Cross.

At the hearing, Judge Cross was told by expert witnesses that a CTG trace monitoring the foetal heartrate had been discontinued in the morning of Thomas´ birth. This was despite there being clear evidence of foetal distress. Thomas´ birth was avoidably delayed by up to four hours the judge heard.

The judge was also told that the tube used to ventilate Thomas had been inserted at a depth of 14cms into Thomas´ lungs. The usual depth of insertion is between 9cms and 10cms, and the consequence of this alleged error was that Thomas was not ventilated effectively, causing him to suffer a heart attack which exacerbated the level of brain damage he suffered.

Over the course of the four-week hearing, the Health Service Executive agreed to a €1.75 million settlement of birth injury brain damage compensation. After hearing that the €1.75 million settlement will pay for Thomas´ continued care at the residential home in Collooney, Judge Cross approved the settlement – adding that he was delighted the legal ordeal had come to an end for the O´Connor family.

Claim for Brain Damage due to Surgical Negligence Heard in High Court – Again

A judge will decide on the final settlement of a claim for brain damage due to surgical negligence after approving a third interim compensation payment.

In November 2001, Eoin O´Mahony was just nineteen years of age and a Leaving Certificate student when he was referred to the Cork University Hospital complaining of headaches. Eoin underwent brain surgery on 23rd November to reduce the pressure on his brain and a second procedure on 30th November to remove part of a tumour that had been discovered.

Due to surgical errors during the operations, Eoin lapsed into a coma on 1st December. When he came round from the coma, Eoin was diagnosed with locked-in syndrome – a condition in which a patient is fully aware of his or her surroundings, but is unable to move or communicate verbally due to complete paralysis of nearly all the voluntary muscles in the body.

The Cork University Hospital acknowledge liability for Eoin´s brain damage in 2009, and two interim compensation payments amounting to €4.1 million have been paid to his parents while the courts have been waiting for a structured periodic payment system being introduced. On this occasion, Eoin´s parents requested a lump sum final settlement of the claim for brain damage due to surgical negligence as they have already endured thirteen years of litigation on their son´s behalf.

At the High Court, Mr Justice Michael Moriarty agreed to their request; but after nineteen days of hearings – during which reports concerning Eoin´s future requirements were discussed – no agreement could be reached on a final settlement. Mr Justice Michael Moriarty instructed the parties that a final settlement should be between €10 million and €10.1 and briefly adjourned the hearing to allow for negotiations to continue out of court.

When the hearing resumed, Eoin´s legal team advised Judge Moriarty that the family had been prepared to split the difference in the figures that the judge had quoted as the family wanted to resolve the claim for brain damage due to surgical negligence once and for all – but the State Claims Agency would not agree to this arrangement.

The judge said that he would make a decision on the final settlement of the claim for brain damage due to surgical negligence, and promised the family that they would know his decision no later than October. Judge Moriarty then instructed the State Claims Agency to make a third interim compensation payment of €800,000 to cover the medical and care costs that Eoin´s family would incur in the intervening period.

Judge Approves Compensation for a Heart Attack due to Medical Negligence

A High Court judge has approved an interim settlement of compensation for a heart attack due to medical negligence amounting to €1.5 million.

In December 2010, Martin Byrne (52) from Swords in County Dublin was admitted to the Mater University Hospital to undergo surgery for unstable angina. The operation appeared to go successfully, but five days later internal bleeding was caused by the removal of pacing wires and Martin suffered a heart attack.

Martin´s heart stopped for fifteen minutes after the heart attack, during which time he suffered profound brain damage. He went into a coma from which he did not awaken until February 2011 and Martin now needs full-time care, which is mostly provided for him by his wife Una.

On her husband´s behalf, Una claimed compensation for a heart attack due to medical negligence – alleging that the pacing wires were removed by junior staff who caused the internal bleeding due to their inexperience. Liability for Martin´s injuries was not acknowledged by the Mater University Hospital until December 2014.

At the High Court, Mr Justice Kevin Cross heard that Martin was a former taxi driver and father of four. The court was told that, prior to his heart attack, Martin had been an active man who enjoyed camping with his family and scuba diving. Una told Judge Cross “we thought it was the beginning of the rest of our lives as our children were working or at college”.

Judge Cross also heard that an interim settlement of compensation for a heart attack due to medical negligence had been agreed amounting to €1.5 million. This interim settlement is due to cover Martin´s medical expenses for the next three years while reports are compiled on his future needs or until a system of periodic payments is introduced in Ireland.

After an apology was read to the family by Mary Day – the CEO of the Mater University Hospital – Judge Cross approved the interim settlement of compensation for a heart attack due to medical negligence, saying that Martin had “suffered something nobody should have suffered”. The judge then closed the case and wished the family well for the future.

Woman Awarded Compensation for Negligent Post-Natal Care

A woman has been awarded compensation for negligent post-natal care after she was prescribed antibiotics to deal with a vaginal swab left inside of her.

Claire Lalor (30) from Swords in County Dublin gave birth at the National Maternity Hospital on 24th December 2012 after a difficult labour and was discharged three days later. On January 2nd and January 9th Claire returned to the hospital on the advice of public health nurses over concerns about pain and a smell from her lower body.

On neither occasion was Claire examined internally and, on her second return visit to the National Maternity Hospital, she was prescribed antibiotics. It was only on a third visit the following week that Claire was examined internally – by which time the smell had worsened – and on this occasion it was discovered that a vaginal swab had been left inside of her from the delivery of her child.

On January 18th – two days after the swab had been removed – Claire returned to the National Maternity Hospital once again, this time suffering from severe physical pain, sweating, chills fever and diarrhoea. She was admitted into the hospital, but told that she was suffering from post-natal depression and later discharged.

Unable to keep food down once she returned home, Claire was taken to the Beaumont Hospital. There she was diagnosed with C.difficile – a consequence of the unnecessary antibiotics she had been prescribed on her second return visit to the National Maternity Hospital. Once she had recovered, Claire sought legal advice and claimed compensation for negligent post-natal care.

After an investigation into Claire´s allegations, the National Maternity Hospital admitted liability for the pain she had suffered as a result of the swab being left inside of her, the discomfort she had experienced from the “disgusting” and “horrible” smell that had developed as a result of the hospital´s error, and for the C.difficle infection she had contracted as a result of the antibiotics she had mistakenly been prescibed.

However, the hospital contested the extent of Claire´s psychological trauma, and argued that her emotional upset was attributable to her post-natal depression rather than any depression or adjustment disorder caused by the events associated with the swab. Unable to reach an acceptable settlement of compensation for negligent post-natal care, the case went to the High Court for an assessment of damages.

At the High Court, Mr Justice Kevin Cross accepted that the traumatic birth of Claire´s child made her more likely to suffer from post-natal depression, and that her continuing symptoms of psychological trauma have some origin in her underlying disposition. However, the judge ruled that were it not for the admitted negligence of the National Maternity Hospital, Claire would have recovered from any post birth upset in a shorter period of time and would not have the level of psychological injury that she has now.

Judge Cross added that Claire was a truthful witness in her evidence and that she was “entirely appropriately extremely distressed” by the episode. Commenting that her fear and distrust of the medical professional was not unreasonable in the circumstances, the judge awarded Claire €140,000 compensation for negligent post-natal care.

Judge Approves Settlement of Compensation for Injuries due to Birth Complications

A High Court judge has approved an interim settlement of compensation for injuries due to birth complications in favour of a ten year old boy.

Luke Beirne from Mullingar in County Westmeath was born at the Midlands Regional Hospital on 30th September 2004, eleven days past his due date. Due to alleged circumstances surrounding his birth, Luke was starved of oxygen in the womb and now suffers from cerebral palsy.

His mother – Margaret – alleged that midwives were “chatting in the corridor” rather than monitoring her condition, and that a locked theatre room delayed Luke´s delivery – causing further birth complications. Due to the birth complications, Luke also suffers from asthma and will require surgery as he grows older and his muscles tighten.

On her son´s behalf, Margaret claimed compensation for injuries due to birth complications against the HSE, and also her consultant obstetrician – David Mortell – for allegedly neglecting to discuss the risks associated with a vaginal birth when her first child had to be delivered by Caesarean Section in 2001.

The HSE and the consultant obstetrician denied the allegations, but issued a statement expressing their regret that Luke had suffered such devastating birth injuries. On weighing up the facts supporting the denial of liability, Margaret´s solicitors recommended that she accept an interim offer of compensation for injuries due to birth complications without an admission of liability.

Although not happy with the outcome, Margaret agreed to her solicitor´s recommendation and, when the subsequent court hearing was convened to approve the interim offer of compensation, Margaret told Mr Justice Michael Moriarty that she entrusted the court to make the right decision for Luke and his future.

Judge Moriarty heard that the family were concerned that the €800,000 offer of interim compensation for injuries due to birth complications was not realistic and would not be sufficient to pay for Luke´s future care needs. However, he was also told that, if the case went to trial, the HSE and consultant obstetrician would testify that everything that could have been done in the circumstances was done.

Mr Justice Michael Moriarty said that he believed Margaret´s solicitors had engaged in some “very hard bargaining” to obtain the offer of settlement, and ruled that it was in Luke´s best interests given the possibility that a full trial may have resulted in a successful defence. He approved the interim settlement of compensation for injuries due to birth complications, and adjourned the case for eight years when Luke´s future needs will be reassessed.

Judge Approves Revised Settlement of Sports Injury Compensation Claim

A judge at the Circuit Civil Court has approved the settlement of a teenager´s sports injury compensation claim after a previous offer was rejected.

In June 2012, Rhian Holohan from Kentstown in County Meath was just fifteen years of age when she was playing in a game of soccer between Kentstown Rovers FC and Ayrfield United in the Dublin Women´s Soccer League.

Rhian was playing in goal and, as she dived to make a save, she cut her knee on a piece of broken glass that was on the surface of the pitch. The game was stopped so that Rhian could receive first aid treatment and she was taken to Our Lady of Lourdes Hospital in Drogheda.

At the hospital Rhian´s lacerated knee was cleaned and sutured under anaesthetic. Because of the depth of the cut, Rhian experienced months of pain and swelling and had to use crutches for support. She was unable to play football again for several months and now has a visible 1.5 cm circular scar on her knee.

Rhian made a sports injury compensation claim against Dublin City Council, the Trustees of Dublin Women´s Soccer League and the Trustees of Ayrfield United FC through her mother, Anita. Liability for Rhian´s cut knee injury was accepted by the three defendants.

A settlement of €22,000 was negotiated, but because the sports injury compensation claim was made on behalf of a minor, the settlement first had to be approved by the court. Consequently Mr Justice Raymond Groarke was told how Rhian suffered her sports injury and its consequences.

Judge Groarke considered the original offer of settlement inappropriate to the level of injury that Rhian had sustained, and he asked the parties to reconsider the offer. Following further negotiations, the offer of settlement was increased to €30,000. Judge Groarke approved the revised settlement and closed the case.

Increase in Medical Negligence Claims against the HSE

The number of medical negligence claims against the HSE has almost doubled over the past five years according to figures released by the State Claims Agency.

According to recently released data, 936 new medical negligence claims against the HSE were lodged with the High Court last year – almost double the number reported in 2010. In addition to these new cases, and 218 already lodged in 2015, the State Claims Agency is already dealing with more than 3,000 historical medical negligence claims against the HSE dating back to 2013 or earlier.

The true number of medical negligence claims against the HSE is likely to be much higher than that reported by the State Claims Agency, as it fails to take into account proceedings issued in lower courts, public liability claims for accidents in hospitals and employer liability claims when medical staff are injured while working in Irish Hospitals.

Issues with maternity services have recently come under the spotlight following the publication of the Hiqa report into failings at the Portlaoise Hospital. The damming report prompted HSE chief Tony O´Brien to call for a “clear-out of uncompassionate staff”, but Health Minister Leo Varadkar believes that a “wall of silence” is to blame for the spiralling increase in medical negligence claims against the HSE.

Minister Varadkar said that an “open disclosure” initiative by the HSE and State Claims Agency – which was implemented to handle grievances by patients – was failing to work and, rather than being contained within a hospital, patients who had a negative experience were going to the courts to get answers to what went wrong because hospital management are failing to engage with them.

The Minister added: “When something goes wrong, it’s OK to say that you’re sorry about what happened. It does not mean you’re accepting liability. There is a never a good reason to conceal the truth from a patient or their family once the facts are known. Aside from making sense from a human point of view, it’s the right thing to do financially”.

The Department of Health is said to be drawing up legislation to underpin the policy of open disclosure in the Health Service and to enable healthcare employees to provide information to patients and their families without prejudicing any future medical negligence claims against the HSE.

Compensation for Negligent Spinal Surgery Approved in Court

A settlement of compensation for negligent spinal surgery has been approved at the High Court in favour of a young woman from Dublin.

On December 8th 2009, Emily Casey from Dalkey in Dublin was admitted to Our Lady´s Hospital for Sick Children having been diagnosed with scoliosis – the curvature of the spine. The condition was due to Emily having contracted meningitis when she was four years of age and only being able to walk thereafter with the help of a frame.

An operation was scheduled in which a special screw – known as a pedicle – would be inserted to help adjust Emily´s spine and reverse the curvature; however, the screw was incorrectly inserted into her spinal cord and Emily was left paralysed from the chest down. Now 18 years of age, Emily is confined to a wheelchair and unable to live an independent life.

Through her mother – Stephanie – Emily claimed compensation for negligent spinal surgery against Our Lady´s Hospital for Sick Children and the consultant orthopaedic surgeon whose care she had been under – Dr David Moore. The defendants refused to accept their joint liability for Emily´s injuries until Friday of last week; when an interim €1.668 million settlement of compensation for negligent spinal surgery was agreed.

As the claim for negligent spinal surgery had been made on behalf of a minor, the case was presented to Mr Justice Kevin Cross at the High Court. After hearing that Emily had remained in hospital until April 2010, and was then transferred to the National Rehabilitation Centre for further treatment, Judge Cross said that he had no hesitation in approving the settlement.

The judge then adjourned the case until later in the month for issues to be resolved which prevented the settlement from being a full settlement of compensation for negligent spinal surgery. Representatives of Our Lady´s Hospital are also preparing an apology, which will be read to the family in the High Court. Emily’s mother said the family, and especially Emily, were relieved that liability had been admitted. “Nobody would admit that a mistake had been made until last week” she said.

Court Approves Interim Settlement of Compensation for Cerebral Palsy due to the Use of Syntocinon

The High Court has approved a €2.1 million interim settlement of compensation for cerebral palsy due to the use of Syntocinon in favour of a seven-year-old boy.

Patrick Brannigan was born in poor condition by emergency Caesarean Section at the Cavan General Hospital on 20th July 2007. Prior to his delivery a cardiotocography (CTG) trace had shown signs of foetal distress and Patrick´s mother – Niamh – had been administered Syntocinon to accelerate her labour.

However, rather than result in a healthy birth, the Syntocinon had the effect of starving Patrick of oxygen in the womb and he was born suffering from dyskinetic cerebral palsy. Now seven years of age, Patrick is confined to a wheelchair and has no means of communication.

Through his mother, Patrick claimed compensation for cerebral palsy due to the use of Syntocinon – alleging that the drug should never be administered when there are signs of foetal distress. The claim also stated that Cavan General Hospital mismanaged his birth and there was a failure to monitor the baby while labour was in progress.

Cavan General Hospital admitted that a “catalogue of errors” had resulted in Niamh and Patrick receiving a sub-standard level of healthcare. The hospital apologised to the family and an interim €2.1 million settlement of compensation for cerebral palsy due to the use of Syntocinon was agreed upon, subject to approval by a judge.

Consequently at the High Court in Dublin, Mr Justice Kevin Cross was told the circumstances leading up to Patrick´s birth. He also heard that Patrick is a cheerful, good humoured boy who is cared for full-time by his parents. The judge approved the interim settlement of compensation for cerebral palsy due to the use of Syntocinon and adjourned the hearing for three years.

In three years time, it is hoped that a periodic payment system is introduced so that awards to plaintiffs can be made more accurately and fairly. If no legislation is passed to allow for a periodic payment system, a final settlement of compensation for cerebral palsy due to the use of Syntocinon will be approved.

For more information about Syntocinon and the birth injuries it can cause when administered incorrectly, please read Syntocinon Compensation Claims.

Interim Settlement of Compensation for the Misdiagnosis of Meningitis Approved in Court

An interim settlement of compensation for the misdiagnosis of meningitis has been approved at the High Court in favour of a young boy who suffered devastating injuries due to medical negligence.

On 27th May 2004, Matthew McGrath was referred to Wexford General Hospital at the age of 17 months when it was noticed that he was vomiting fluids and uncharacteristically drowsy. At the hospital Matthew was diagnosed with Haemophilus Influenza Type B and admitted into the special care baby unit.

Overnight, Matthew´s condition deteriorated and he went into shock. Despite guidelines recommending against the procedure when a patient is in shock, a lumbar puncture was performed on Matthew to confirm a diagnosis of suspected meningitis. However, due to a compression of the spinal cord during the procedure, Matthew is now permanently paralysed.

Haemophilus Influenza Type B is acknowledged to be an indicator of meningitis, and – had the correct diagnosis been made when Matthew was admitted – he could have been treated with antibiotics and fluids, and the lumbar puncture procedure would have been unnecessary.

As a result of the hospital´s medical negligence, Matthew cannot move his arms or legs and relies on a ventilator to breathe. Once the correct diagnosis had been made, Matthew spent two years in hospital until his parents won a prolonged battle to care for him at home in Gorey, County Wexford.

After seeking legal advice, Cathy McGrath made a claim for compensation for the misdiagnosis of meningitis on Matthew´s behalf against the HSE – alleging that, if her son had been correctly diagnosed at the time of his admission and treated with antibiotics and fluids, he would not have suffered such devastating injuries.

Following an investigation into the claim, the HSE admitted liability for Matthew´s injuries and issued an apology to Matthew´s parents. An interim €3.7 million settlement of compensation for the misdiagnosis of meningitis was agreed, but the settlement first had to be approved by a judge before the claim could be resolved.

Consequently, at the High Court in Dublin, Mr Justice Matthew Cross heard about the sequence of events that resulted in Matthew´s devastating injuries. At the end of the hearing, Judge Cross approved the interim settlement of compensation for the failure to diagnose meningitis, and adjourned the claim for five years in order that Matthew´s future needs can be assessed.