Monthly Archives: April 2016

Court Award Settlement for Failure to Refer

The High Court has approved the final settlement in a drawn – out compensation claim made after a doctor failed to refer his patient to a specialist despite worrying blood tests.

In October 2004, Catherine Sheehan had a blood test before the birth of her daughter. The test returned a concerning result, showing that Catherine’s blood antibody levels had undergone an “alarming increase”. However, Dr David Corr – her obstetrician – did not refer her to a specialist. One month later, on the 24th November, her daughter Isabelle was born at the Bon Secours Maternity Hospital in Cork with sever spastic quadriparetic cerebral palsy.

Isabelle is now eleven years old, and attends a Gaelscoil near Mallow, Co. Cork, where she lives. However, though described as “bright and intelligent”, Isabelle still struggles communicating with others. A machine was specially made to help her to walk, though she will be reliant on round-the-clock care for the rest of her life.

Dr Corr admitted liability for Isabelle’s condition after her mother made a claim against him for his failure to refer her to a specialist. Whilst speaking at a hearing to award an interim settlement of compensation in 2011, he told the court that he “very much regrets the outcome in relation to Isabelle´s birth”.

When the second interim settlement of compensation was awarded in October 2013, Catherine requested that they ceased to receive the interim settlements and instead received a lump sum. An assessment had to be carried out for several weeks prior to each settlement, and Catherine told the court that these disputed her daughters life.

The court granted the request, and the case went to the High Court for Mr Justice Peter Kelly to approve the €9 million settlement. Judge Kelly, who is also President of the High Court, said that it was a fair and reasonable settlement, and it was understandable why Catherine made the request. He also paid tribute to Isabelle’s parents, saying that Isabelle’s progress was so good because of her parents’ “truly remarkable” love, care and dedication.

Compensation Awarded After 10 Years for Undiagnosed Brain Injury

The High Court of Dublin has awarded a woman a multi-million settlement of compensation after suffering from an undiagnosed cerebral subarachnoid haemorrhage.

In June 2006, Paula Dundon – a forty-two year-old mother of three from Co. Kildare – went to Naas General Hospital complaining of headaches, nausea and vomiting. Before she was admitted to the hospital, she was given painkillers and had a CT scan performed on her brain.

However, the scan did not show what was wrong with Paula. As such, doctors carried out a second scan a few days later which revealed a large intra-cerebral bleed on the left side of Paula’s brain. She was then transferred to Beaumont Hospital.

After the transfer, doctors at Beaumont identified Paula’s injury as an intra-cerebral subarachnoid haemorrhage. However, the delay in the diagnosis at Naas Hospital meant that Paula suffered extreme brain damage that has left her reliant on round-the-clock care.

Paula’s husband, Michael, sought legal counsel and on his wife’s behalf made a claim for compensation for an undiagnosed intra-cerebral subarachnoid haemorrhage. In it, he claimed that the delay in diagnosing his wife’s injuries would have been avoided though a prompt diagnosis.

The HSE disputed part of the claim for medical negligence, saying that they had adequately assessed Paula’s injury. However, they admitted that the diagnosis was not made within an adequate timeframe.

A €2.7 million settlement of compensation was negotiated between the parties. However, the case needed to be heard in the High Court before the settlement was approved as it was being made on behalf of someone unable to represent themselves. Mr Justice Kevin Cross heard the details of the case before approving the settlement. Judge Cross also congratulated Paula’s husband on the care he had given his wife over the past decade.