Monthly Archives: April 2015

Compensation Claim for Failure to Treat Meningitis Settled

A claim made on behalf of a young boy, who was not treated properly after he contracted meningitis, has been resolved in court for a seven-figure interim compensation settlement.

When Matthew McGrath was just seventeen months old on the 27th March 2004, he was admitted to Wexford General Hospital. His symptoms included vomiting and drowsiness, and as such, he was diagnosed with Haemophilus Influenza Type B. This is an established precursor to meningitis, and as such, Matthew should have been given antibiotics.

Matthew was kept in hospital overnight, where his condition worsened. He then went into shock, and in spite of the medical guidelines advising against it, a lumbar puncture was performed. This confirmed that Matthew, indeed, had meningitis, but because of the compression to his spinal chord Matthew is now permanently paralysed.

Due to the failure in care – both for the lack of antibiotics and the inappropriate lumbar puncture, Matthew cannot move any of his limbs and is reliant on a ventilator to breathe. He spent the next two years in hospital, until finally being discharged and returned to his parents’ care.

Cathy McGrath made a claim for compensation on her son’s behalf. In the claim, it was alleged that had Matthew received adequate treatment upon his admission to Wexford General Hospital, he would not be as severely debilitated as he is now.

An investigation ensued at the hospital, and liability for Matthew’s injuries was admitted by the HSE. After issuing an apology, an interim compensation settlement of €3.7 million was agreed upon – though it first needed to be approved by a judge, as it was for a minor.

The case proceeded to the High Court in Dublin, where Mr Justice Cross overheard proceedings. He was detailed the circumstances of the case, and approved the interim settlement. The case was then adjourned for five years such that an assessment of Matthew’s future needs could be conducted.

Claim for Injuries due to Failure to Treat Meningitis Heard at High Court

A Dublin High Court has heard a case of injuries sustained by a young boy due to failure of medical staff at a hospital to correctly treat his meningitis.

In May 2004, Matthew McGrath (then 17 months old) was brought to Wexford General Hospital after his parents noticed that he was vomiting fluids and was unusually sleepy. Matthew was immediately diagnosed with Haemophilus Influenza Type B-a bacteria which is known to lead to meningitis. Matthew should have been administered antibiotics immediately.

Matthew’s condition quickly deteriorated and he went into shock. Matthew underwent lumbar puncture to confirm his case of meningitis, despite medical guidelines against such a procedure when the patient is in shock. As a result of the compression to his spinal cord, Matthew is now permanently paralysed.

Matthew cannot move his arms or legs and his breathing is assisted by a ventilator as a consequence to the medical negligence he experienced during his procedure. It was two years before he finally left hospital and started being cared for by his parents at home.

On behalf of her son, Cathy McGrath made a claim for failure to treat her son’s meningitis against the HSE. She claimed that if her son had been administered the antibiotics and fluids as required when he initially arrived at Wexford General Hospital, he never would have needed the lumbar puncture, and as a result sustained such debilitating injuries.

An investigation was launched into the failure to treat the meningitis. The HSE admitted liability, and an interim settlement of €3.7 million was negotiated. Since Matthew is a minor, the compensation had to be approved by a judge before his family could accept it.

Mr Justice Matthew Cross heard the case at the High Court in Dublin. After hearing the circumstances of Matthew’s injuries, the judge approved the settlement. The claim has been adjourned for five years so that an investigation into Matthew’s future needs can be conducted. A full compensation settlement will be negotiated as a result of this investigation.