Category Archives: Medical Negligence in Ireland

The definition of medical negligence in Ireland is when a medical practitioner or the agent of a medical facility produces a poor professional performance which is below the accepted standard of care in the medical community. If you have suffered a loss, an injury or the avoidable deterioration of an existing condition due to somebody´s breach in their standard of care, to may be possible to claim compensation for medical negligence in Ireland. To find out more about your rights and to receive independent legal advice, call our Freephone helpline and speak with an experienced medical negligence solicitor.

€7.5m Medical Negligence Settlement for Boy (11) Following Brain Tumour Diagnosis Delay

A€7.5m medical negligence compensation settlement has been approved at the High Court for an 11-year-old boy who, if it was alleged, experienced a delay in diagnosing a brain tumour when he was just two years old at the time of the incident.

The settlement was without liability being admitted. 

Through his father, the young boy (who cannot be named by order of the court) took legal action against Children’s Health Ireland, the administrator of the Temple Street hospital.

Counsel for the boy Dr John O’Mahony SC, with Cian O’Mahony BL, informed the court that when the child was taken to the hospital experiencing left side problems there appeared to be “three missed opportunities” to diagnose the brain tumour as the cause. 

Due to this, it was claimed, the tumour continued to increase in size and when it was eventually identified following an MRI scan in March 2013 the it (the tumour) was now of a considerable size. Due to this the young boy underwent an emergency surgical procedure followed by a course of chemotherapy. He now suffers from a weakness down the left hand side of his body and experiences some vision issues. 

The Judge was informed how, when the boy was just two years old, he was experiencing a weakness in his left side limbs. His family brought him to his GP for further investigation and from here he was referred to Temple Street Children’s hospital. 

When he attended his subsequent appointment at the hospital, on July 31 2012, his parents informed physicians that he was regularly falling and it was a cause of some concern to them. A decision was then made to see how this condition progressed over the following 12 months. 

Within six months, during January 2013, the boy’s parents reported that they had noticed reduced movements on the left hand side of his body. Following this an MRI scan was arranged for a couple of months later in May. However, on March 8 his parents became concerned when they saw their son drooling from his mouth and dragging his left foot. His parents brought him. They returned to the hospital but were informed that the MRI scan was not due to take place until May that year. 

Due to their increasing worries the parents contacted the hospital again three days later and were advised to attend the hospital at once. An MRI scan was conducted on March 14, 2013. The results of this indicated that there was a brain tumour present and this was dealt with during two subsequents surgical procedures and a course of chemotherapy.

Counsel said he was a happy boy who is adored by his parents and spoiled with love.

The legal action alleged that the hospital failed to carry out an appropriate review of the condition or conduct a full neurological examination on the boy when he was brought to the hospital on July 31, 2012. Additionally it was alleged that the parents were advised the boy’s issues in dragging his left foot were a result of one leg being longer than the other. 

Finally it was claimed that the hospital had not arranged  an MRI scan in July 2012. Due to this, the court was told, it was believed that the ideal time for effective surgery was missed. 

The defendants denied all of the claims that were made in the medical negligence compensation action. The argument put forward by the hospital, to the boy’s parents, was that as it was a slow growing tumour the delay in surgery being conducted would not have had a huge impact.

As he was giving his approval for the child compensation settlement, Justice Kevin Cross said it was a very good one and he wished the boy and his family all the best for the future.

 

Alleged Delayed Diagnosis or Treatment of Cancer make up 25% of Negligence Claims against GPs in Ireland

A new report produced by the Medical Protection Society (MPS) has revealed that 25% of clinical negligence claims submitted against Irish General Practitioners during the time period from 2017 to 2020 involved an alleged delay in the diagnosis or treatment of cancer.

Other statistics revealed in the the study that reviewed more than 2,000 GP cases for its report, including claims, complaints, regulatory cases and requests for a wide range of legal and professional advice included that almost 50% of these claims were linked to female cancers.

In addition to this almost half of the claims were connected to breast cancer, cervical cancer and endometrial cancer. Prostate cancer was second most common cancer identified in claims, followed by lung cancer, pancreatic cancer and malignant melanoma.

The age of patients ranged from 22 to 74 years with 66pc aged 50 or less.

The report stated that: “Breast cancer is the most frequent cancer involved in the claims reviewed. Aside from delayed cancer diagnosis, more than 15pc of GP claims related to alleged medication or prescribing errors. And around 10pc involved allegations arising from procedures or minor surgery.”

The report highlighted contributory factors such as inadequate or poor record-keeping, misinterpretation of test results, failure to refer a patient to a specialist earlier or follow up and investigate.

MPS medical director Dr Rob Henry said: “Claims for compensation in general practice can lead to large financial settlements. The value of the settled claim may include compensation for care and loss of earnings, in addition to an award for the damage that resulted from a breach of duty. The value of each claim varies enormously with our highest GP total case payment – claimant damages, costs and legal costs – being in excess of €8m.

It went one: “The decision to take legal action is influenced not only by the original injury, but also by the patient’s perception of the process, how information was provided and whether or how an explanation and an apology were given. We understand GPs work in complex and pressured environments, and we know that experiencing a medicolegal case can be concerning and stressful. At MPS we want to share our knowledge, experience and expertise in order to support members in their everyday clinical practice and reduce their medicolegal risk.

“We’ve studied over 2,000 cases in order to develop this collection of case studies, statistics and analysis and give GPs a view of the current claims environment. It includes common pitfalls and themes that result in a case and, importantly, key learning points to help GPs avoid the problems other have faced.”

The reports included finding and recommendations to say that GPs should pay closer attention to what their patient would consider to be a successful outcome in the aftermath of any treatment and understand their concerns and expectations.

It also said that the report discovered that patients just want an explanation and an apology in the unfortunate event of something going wrong.

Nine-year-old Girl Awarded €12m Settlement in Failure to Act Case Against the HSE

Earlier today Justice Cross gave his approval for a a €12m failure to act compensation settlement at the High Court in favour of a nine-year-old girl who suffers from brain damage due to the fact that she was not admitted when she first attended hospital in relation to a case of bacterial meningitis.

The hospital negligence legal action was submitted against the Health Service Executive (HSE) by Cabrini Fallon on behalf of her daughter Robyn Kilgallon as a result of the medical attention she was given at Sligo General Hospital on February 1, 2011, when she was just 10 months old.

The court was informed that Robyn’s parents took her to the hospital following a referral from their family doctor was felt that was may be suffering from a viral infection. Even though Robyn was displaying symptoms including a high temperature and vomiting, had little control of her faculties and had eyes rolling in the back of her head, she was allowed to go home by a junior doctor as, her parents were advised, the results of the blood tests that they carried out on Robyn’s had no indication of any significant concerns.

Sadly, as Robyn’s condition did not improve and she was taken back to the hospital on the morning of February 2. By this time she was quite sick, not responding and had suffered a seizure. Due to this was was admitted to an intensive care unit where she was then incubated. A transfer to the Royal Victoria Hospital in Belfast was arranged as the physicians in SLigo General Hospital deemed her condition to be of a serious enough nature to need specialist treatment.

Due to the alleged delay in the treatment of Robyn’s condition she now experiences significant development delay , walking and a difficulty communicating with others.

The medical negligence compensation claim stated that the HSE had been negligent in not admitting Robyn for immediate treatment when she first presented to the hospital with a suspected bacterial infection. Along with this it was alleged that Robyn, of Caltragh Road, Sligo now suffers from brain damage as a result of this failure to admit her.

The Judge was informed that Robyn’s mother and her father, Declan Kilgallon, have plans to hoping to move to a more suitable house that allows for Robyn to move about more easily due to her physical and mental restrictions. Donnacha Anhold, solicitor for the Kilgallon family, read out a statement that said Robyn was in a 100% perfect physical condition when she first presented to Sligo General Hospital. He went on to say that the family was grateful that the HSE apologized to them last week and were hoping that there would be some further communication from the organization in future to detail how they plan on avoiding something like this happening in the future.

The HSE accepted liability in the action and Judge Justice Cross said he was happy to allow approval for the settlement in the failure to act compensation claim.

 

Apology Issued by HSE for Man’s Death in 2011 Due to Medical Negligence

An apology has been made by the Health Service Executive (HSE) to the family of a man as a result of his death that occurred at St Luke’s Hospital in Kilkenny in 2011.

John Joseph Comerford was taken  to the hospital in Kilkenny during March 2011 for hernia repair surgery. Sadly, the High Court was informed, the 68-year-old passed away three days later in “very distressing circumstances”. An inquest into his death in 2014 returned a ruling that death was caused by medical misadventure.

The family said that Mr Comerford was taken back to the hospital two days following his hernia surgery with shortness of breath, abdominal pain and low blood pressure. A CT scan indicated that there was fluid in his abdominal wall and after the site of the operation was opened again, faecal smelling fluid was drained away from the area in question. When he was taken to the intensive care unit, he suffered two cardiac arrests and died away on 21 March 2011. Due to his death, Mr Comerford’s family kicked off a medical malpractice trial against the HSE. The HSE admitted liability and the case was then settled for an undisclosed sum.

The HSE apology on behalf of St Luke’s General Hospital was read aloud in court. it said: “We apologise to Mrs Comerford and to her children and extended family for the events leading to the death of Mr John Joseph Comerford in the 21st of March 2011. We do not underestimate the distress and sadness caused to Mrs Comerford and her children by the loss of their husband and father. We offer our sincere condolences”.

Speaking outside the court, Mr Comerford’s daughter Karen Brown said she is happy the case has finished but is “disgusted” that it has taken this so long. She remarked: “It feels very sad that it’s taken this long to happen. It’s sad my kids have missed out on their granddad. They adored him for the little time they knew him”.

Mr Comerford’s son, David, also issued a statement following the case and described his father someone who enjoyed gardening who came to Ireland from the UK to retire in the late 1990s. He said his dad was enjoyed the allotments and continued working as a builder when he came here. He and his sister said their mother, who is now in her late 70s and was not present in court on the day, had to return to live in the UK since her husband’s death to be nearer to her children. He remarked said: “You mourn your loved ones and it never goes away, but this just brings it to the surface time and time again. You think of him every day.”

Vaginal Mesh Compensation Claims in UK and US

Vaginal mesh is currently not being used due to suspension in the United Kingdom while in the United States over 100,000 people have submitted compensation claims due to injuries and illnesses that the believe arose from the use of vaginal mesh.

The ban in the UK is in place until the outcomes of an independent safety review are fully considered, a study that began after thousands of women reported harrowing complications following the use of vaginal mesh to treat them. Typical pain sustained by those with complications include chronic pain, soreness while having sex, pain during daily working duties and difficulty while walking. Soreness and injuries such as these happen due to vaginal mesh slicing organs or impacting tissue and causing permanent nerve damage.

In the UK, expert chemist Dr Chris DeArmitt, has helped approximately 9,000 women to settle their vaginal mesh compensation claims settled. DeArmitt, a leading medical expert in the UK has been called upon during court action against producers of vaginal mesh and said, during an interview with Sky News, that the use of the material is unsafe.

He said: “There are two main reasons why any plastics material expert will tell you just obviously that this is a bad material and I have never heard anyone who disagrees with me. I see an absolute disregard for proper testing. Testing is way less than you would see on a vacuum cleaner or a washing machine. It’s shocking. I’ve never seen anything like it in my career.”

There have been a number of case in relation to use if vaginal mesh in Ireland during recent years. This was especially so in 2017. A number of women began legal actions in this year as they had seen news reports in the United Kingdom in relation to pain and suffering that the use of vaginal mesh can cause.

The US regulator, the Food and Drug Administration (FDA), made the sale of all mesh intended for the treatment of pelvic organ prolapse illegal as a result of the many safety issues witnessed among the general public.

The UK’s National Institute for Care and Excellence (NICE), however, has said that vaginal mesh will be a potential alternative form of treatment for women suffering from various injuries once the current ban is removed. A statement from NICE said “The benefits and risks of each type of treatment are laid out to ensure every woman is fully informed. Where the evidence is limited, this is also highlighted. There are a number of procedures recommended by NICE, including mesh procedures.”

 

 

 

 

Record Medical Negligence Award for Boy (9) who Sustained Brain Injury as an Infant

A €32 million highest ever medical negligence compensation award has been approved for a nine-year-old boy, Benjamin Gillick, who sustained permanent brain damage after medical staff made a delayed diagnosis of infection following surgery when he was just an infant.

It is the biggest ever settlement this kind to be approved in the Irish State. However, Benjamin’s parents, Miriam and Andrew Gillick, informed the court that they believed the money was not a sufficient amount for the rest of his life. They stated: “It leaves us with a shortfall that will be imposed on ourselves or our children, or possibly our grandchildren.”

When added to the interim settlement of €7.4m three years ago, tt brings to more than €32m the total amount of the compensation awarded.

Presiding Judge Justice Kevin Cross explained that only a portion of the money, under €500,000 was compensation for the catastrophic injuries inflicted on Benjamin and that the majority of the award is for the cost of Benjamin’s complex treatment, educational and accommodation needs for the rest of his life.

In giving his approval for a final settlement offer of €25m, he said: “When the headlines come to be written it should be noted that no one is getting a bonanza”.

Justice Cross said that Benjamin would only have been awarded approximately €450,000 in relation to general damages for the injuries he had sustained. The rest of the money to be made by the Children’s University Hospital at Temple Street to cover the costs of his future medical treatment.

The reason, according to the judge, that the figure was so high in this case was due to the fact that “thankfully he has a higher life expectancy and would have to be cared for long after his parents have departed”. The judge said it was very difficult to accurately calculate  what will happen in 60 years’ time.

The boy’s father, Andrew Gillick, outliend to the Court that his concern is in relation to the money being insufficient when compared to rates of return on investment in England, where the family now resides. He added that there has recently been a similar case decided in England in the order of €45m due to the costs of carers, therapies, aids and appliances, transport and education.

Benjamin was born prematurely, who is one of identical twin boys in Dublin. He is an identical twin and later had a procedure at 11 months at Temple Street Children’s Hospital to drain fluid on the brain. A shunt was placed to address this and the boy was later returned to hospital due to vomiting and feeling unwell.

The court was told  that a shunt infection is a known complication of the process and the cause of the negligence was that for up to three days this possibility was not looked into. The court was informed that Benjamin suffers with cerebral palsy, is quadriplegic, and cannot communicate verbally.

 

Medical Negligence Compensation of €63,000 Award to Woman Left with Forehead Scar due to Post Op Negligence

€63,000 medical negligence compensation has been awarded to 58-year-old Concepta Anderson at the High Court after she suffered an accident during her post operative care at St James’s Hospital in Dublin following a procedure to remove of a heart pacemaker.

Ms Anderson, from Sooey, Co Sligo, began the legal action against the hospital after she suffered an episode of syncope (heart stoppage leading to a blackout) and fell to the ground when she was in a hospital toilet on May 18th, 2014.

The accident happened when when she was going through a recovery period after a procedure to take out her permanent pacemaker. Ms Anderson was waiting for her new pacemaker to be placed. She sustained a head injury and has a permanent cut on her head.

Mr Justice Anthony Barr said, in his reserved judgment, that prior to having a pacemaker inserted  Ms Anderson had a known history of falls and syncope and was a fall risk after the removal of her pacemaker.

However, the Judge said that there was negligence on behalf of her consultant cardiologist in not making sure that clear directions were provided to nursing staff that Ms Anderson was a fall risk and therefore should be told to remain in her bed and only permitted to walk about with proper assistance.

Due to that negligence Ms Anderson was not told to stay in bed and was allowed move freely within the range of her telemetry monitor. The judge said that this placed her in serious danger.

He added that the claimant was lucky, when she did experience the syncope episode, that she was in the toilet. He did not accept the additional claims of negligence in relation to a decision not to insert a temporary wire after the removal of the pacemaker and before the replacement device was inserted. Ms Anderson sustained a moderate head injury as a result of the fall, he added.

The Judge went to say that he believed that Ms Anderson is self conscious in relation to her forehead wound which, while not ugly, was permanent. He awarded her medical negligence compensation of €63,112.

Niece of 89-year-old who Allegedly Died Due to Bacterial Infection Awarded Majority of €28,000 Distress for Wrongful Death Trauma Compensation

The majority of a €28,000 distress for trauma due to wrongful death compensation payment is being issued to the niece of an 89-year-old woman who died due to a bacterial infection in 2009.

Judge Justice Garrett Simons gave a decision that, once €7,890 for funeral expenses are paid, the niece should get the rest of the compensation awarded.

The niece took a wrongful death compensation claim against the nursing home where her aunt had been residing, and also a Dublin hospital where she was treated just before she passed away. The overall total of the claim being €33,290.

It was claimed that her aunt died due to a bacterial infection which causes diarrhoea and colitis. The coroner recorded the official cause of death as due to “health care-acquired” clostridium difficile infection.

Before her untimely passing, her aunt was living in a nursing home up until a month before her death. In October 2009, she was admitted to a Dublin hospital for some medical treatment. She returned to the nursing home in early November before being readmitted to the hospital on November 23 just before she passed away lsome hours later.

Her niece took the wrongful death trauma compensation action due to severe mental distress she experienced due to the death of her aunt. The defendants refuted these claims.

A personal injury compensation settlement offer of €28,000 was offered and  accepted in 2015 and the High Court was then asked to rule on whether the offer was fair. However, as the deceased woman’s sister passed away since the offer was made, in August 2016, the court also had to decide whether the compensation settlement should all go to the niece or to the aunt’s sister. This was because, as a surviving dependent at the time the woman passed away, the sister was legally entitled to a share of her sister’s estate.

Mr Justice Simons said that he was of the opinion that the best course of action in this instance would be to direct the full amount of compensation to be paid to the niece as sole surviving statutory dependent. He said that the €28,000 settlement was fair and after the €7,890 funeral costs have been paid out, the remainder of the wrongful death related trauma compensation should go to the niece.

Family of Woman Who Died in Childbirth Awarded €650,000 Birth Negligence Compensation

A High Court birth negligence compensation action in relation to nervous shock due to death in childbirth has been settled for €650,000 in favour of the husband and son of a woman who died shortly after having an emergency caesarean section at the National Maternity Hospital (NMH).

Sasha Louise Gayer, legal representative for the Hylands, informed the High Court that the family were content with the settlement but were too sad to be present in court for the compensation approval hearing.

The official inquest into Ms Hyland’s death gave a verdict of death due to medical misadventure. Ms Hyland was left waiting almost 40 minutes for a blood transfusion after she began bleeding  heavily during the emergency birth.

Dublin coroner Dr Brian Farrell said in his ruling that the cause of death was cardiac arrest due to severe post-partum haemorrhage. However, Dr Farrell could not confirm that the delay in Mrs Hyland receiving blood was a “definite” factor in her death.

In addition to this, the inquest was also told that a labelling mistake in the laboratory led to a 37-minute delay in Mrs Hyland being administered the blood transfusion. Another was that no emergency supply units of O-negative, the universal blood type, were available in operating theatres at the hospital when the incident occurred. Measures were quickly put in place to address this and a request for blood was submitted just after midnight with the blood transfusion being carried out 40 minutes later.

Nora Hyland was 31 at the time of her death. Originally from Malaysia, she died on the operating table at the National Maternity Hospital, Holles Street, Dublin, on February 13, 2012, just three hours after having an emergency caesarean section during the delivery of her son Frederick. The hospital did not admit liability as part of the compensation settlement and refutes the claims that were made during the hearing.

Nora’s husband, had taken the legal action against the National Maternity Hospital for nervous shock in relation to the traumatic circumstances of his wife’s passing.

€300,000 Medical Negligence Compensation Awarded to Family of Woman Who Died Following Hernia Operation

The High Court yesterday saw a private medical clinic issue an apology for the failures in the care for a 52-year old woman who died due to sepsis after contracting a rare infection in the aftermath of a hernia operation. This was following the award of €300,000 medical negligence compensation to the family of the woman.

The woman, Ms Susan McGee, was a mother of two at the time of her death. She passed away just 11 days after the hernia operation at the Hermitage Clinic in Dublin on July 24, 2013. Ms McGee had developed a rare Clostridium Difficile infection in her bowel following hernia operation. At the inquest into her death, a verdict of medical misadventure was returned.

Ms McGee’s daughter, Melissa Barry, spoke before the court saying that the death of her mother had a massive effect on her family. She said: “Our mother is missed every day by her entire family and a large circle of friends. We owed it to our amazing mam to seek answers and justice. We hope she can now rest in peace while we can rebuild the rest of our lives.”

Ms Barry added: “The Hermitage Medical Clinic has reassured us new procedures are in place for the handover of patients and we hope lessons have been learned. Patients need to be assured that details of their medical condition and care plan are properly communicated  if they are being put in to the hands of a different medical professional. Hospital staff must also listen to and act on the concerns of a patient’s family.”

The medical negligence compensation case against the Hermitage and consultant surgeons Arnold Hill and Colm Power was taken by Melissa Barry, Grange Rise, Stamullen, Co Meath and her brother John McGee , Bretton Woods, Skerries Road, Rush , Co Dublin in relation to the  treatment their mother received at clinic in 2013.

The High Court was informed that the defendants admitted liability after McGee suffered complications in the aftermath of hernia surgery in July 2013. Ms McGee’s surgeon was on annual leave when she was taken back into the clinic after becoming ill. The court was advised that another doctor was not available to administer care to her as he was on duty in a separate hospital and a third doctor was not told about Ms McGee’s condition. Sadly, after some attempted emergency surgery, she died on 22 July 2013.

Mr Justice Robert Eagar, in approving the medical negligence compensation settlement, expressed his condolences to the McGee family.

High Court Rules that HIV Victim’s Daughter may be Awarded Compensation

The decision of the Hepatitis C compensation tribunal to prevent the daughter of a man who died from HIV infection due to contaminated blood products from seeking a medical negligence compensation award for psychological suffering has been overturned at the High Court.

Mr Justice Bernard Barton said it was hard to accept that the tribunal made an award to the man’s wife in 2009 in connection to what was termed to as the “horrific” circumstances of the man’s death and then not make a similar ruling in relation to his daughter who went through the same experience. Judge Barton ruled that the claim should be sent back to the tribunal “for assessment and award”.

The daughter, who is now 44 years old, was in her teens when her father passed away. She had appealed to the court against the Minister for Health and Children, with the Hepatitis C and HIV Compensation Tribunal as a notice party, over the decision made by the tribunal in February 2015 not to allow her submit a medical negligence compensation claim. Her father was one of a group of over 100 people suffering from haemophilia who was given a blood transfusions that was contaminated. As a result of this he contracted HIV and died from issues he experienced from the disease in 1989 when he as just 40 years olds.

The tribunal approved a medical negligence compensation payment to the man’s wife in 2009 in relation to the trauma she experienced leading up to her husband’s death. The Hepatitis C tribunal had said that the death of the man in question was “one of the worst cases” before it.

Mr Justice Barton said that the man’s daughter had been seriously depressed and was admitted to hospital in 2006 so her illness could be treated. However she still suffers from it today. The Judge said he accepted the daughter’s testimony in relation to the psychological affects that the circumstances of her father’s death had on her.

Justice Barton sent the issue back to the tribunal “for assessment and award”.

State Claims Agency Reveals Childbirth Related Cases Make Up 50% of Medical Negligence Payouts

Maternity-related medical negligence cases represent over 50% of the total payouts made by the State according to figures detailed on Friday at a conference on patient safety organised by the State Claims Agency (SCA).

This is in spite of the fact that maternity services account for just 3% of the Health Service Executive (HSE) budget. In tandem with this, the most recent figures available show that compensation settlements and awards for maternity negligence have also risen by about 80%.

Dr Peter McKenna, Clinical Director of the HSE’s National Women and Infant Health Programme, referred to preventable brain damage in normally formed infants is the “single biggest risk” in the HSE stating that these are “the most egregious insult the heath service can cause to a service user”.

Dr McKenna claimed that, by investing a small percentage (5%) of the monies that are paid out in compensation the HSE could reduce these preventable incidents by up to 50%. This claim is particularly significant as, in 2014, the State made compensation payments totalling €58m in compensation for maternity negligence cases. Additionally , Dr McKenna revealed that this represented 54% of the totalical negligence payouts by the State in 2014.

“This is massive for a part of the health service that accounts for 3 per cent of total expenditure,” he said, pointing out that just €500 million of the HSE’s €15 billion budget goes on maternity services.

Dr McKenna told the conference: “In the past, six, seven, eight million might have been a big settlement. Now the figure is running at €15 million. The number of cases hasn’t changed but the payout amount has. I don’t think that one cent of what the parents get will compensate them for having a child that does not live up to their expectations,” Dr McKenna said. “If you think I am complaining about the size of the payouts, I’m not.”

Mother has Whooping Cough Death Compensation Settlement of €100k Approved

A compensation settlement of €100,000 has been given approval in the High Court in relation to a medical negligence claim made by a mother whose two-month-old son died two weeks after she took him to hospital with a serious cough.

The family’s legal representative Dr John O’Mahony informed the High Court that a diagnosis of bronchiolitis was returned Cork University Hospital on baby Romi Betak when the baby was really suffering from a case of the whooping cough.

The whooping cough compensation case had been taken by Romi’s mother, Maria Mullins (33), of Presentation Road, Gurranabraher, Cork, against the Health Service Executive (HSE) in relation Romi’s death in August 2012.

Dr O’Mahony, in relaying the events that took place, said the child’s condition worsened and a blood sample taken coagulated and therefore could not be tested accurately. It was claimed that Counsel said if a repeat blood test had been successful a diagnosis could have been reached and a proper course of treatment administered. Instead, the High Court was told, Romi was kept at Cork University Hospital (CUH) and his condition got worse. He said “His (Romi’s) heart was racing, his breath was racing. The penny never dropped until it was too late”.

It was claimed that Romi’s health was not reviewed again by a doctor until August 5. By this time his breathing had become more laboured but the probability of whooping cough was allegedly not considered.

It was claimed there was a failure at this point to complete a chest X-ray and a failure to discuss the possibility of the provision of antibiotics was pivotal.

It was claimed that the possibility of whooping cough infection was noted for the first time on August 11 after another deterioration in the child’s condition. However a medical intervention still did not take place. A chest X-ray revealed significant areas of lung infection.

The following day, August 12, the Romi experienced a respiratory arrest and had to be resuscitated, intubated and moved to a Dublin hospital where he sadlydied on August 14.

The High Court was informed that liability remained an issue in the legal action case while Mr Justice Kevin Cross approved the whooping cough damages settlement.

Failure to Treat Compensation Settlement of €2m Awarded to Woman Suffering from Ovarian Cancer

A woman who is suffering with terminal ovarian cance has settled her High Court action against the HSE for €2million in Failure to treat compensation. The woman, who cannot be named by order of the court,  took the compensation action following an alleged failure to take proper measures to safeguard her from the danger of developing the cancer.

Regardless of the fact that there was a known family history of ovarian cancer she was not given  genetic testing. In September 2017, when she was finally sent for the genetic testing , after she had started to develop the ovarian cancer,  the results showed that she had been a “carrier all the time.”

Counsel for the woman Patrick Treacy SC advised the court the HSE would be sending a send a “letter of regret” to her. The settlement followed mediation talks with the woman and her family and does not include an admission of liability.

Mr Treacy stated that it was her wish that her case would improve the genetic screening services.

The legal action was taken by the woman, her husband and family against the Health Service Executive. In 2015 the woman underwent a colposcopy and it was discovered that she experience mild changes in the cervix area. Later, in February 2017, test showed that she had ovarian tumours and pathology indicated high grade 3 serious cancer of both ovaries and she underwent a hysterectomy.

Following a genetic analysis in September 2017, that the woman had a pathogenic mutation in the BRCA1 gene. In other words, she was a person who was at high risk of ovarian cancer. It was also claimed that the woman’s cancer was allowed to develop and spread unidentified and untreated until she was finally diagnosed with Stage 3c high grade serious ovarian cancer in February 2017.

The Health Service Executive denied the allegations. Mr Justice Paul Butler approved the Failure to Treat compensation settlement.

€65,000 Birth Scarring Injury Compensation Awarded to Boy (8)

A birth scarring injury compensation award o f€65,000 has been approved for an eight-year-old boy in the High Court. It was alleged that the boy, Dara Brennan, suffered a facial scarring injury at the time of his birth on November 12, 2009 at the Coombe Hospital in Dublin.

The physicians treated him attempted a forceps delivery. During these Dara was inflicted with the injuries to his face. The scarring on his cheek and two indentations on the right side of his face that are still clearly visible when he smiles.

Lorraine Brennan, Dara’s mother, with an address at Brayton Park, Kilcock, Co Kildare, sued the Coombe Women and Infants University Hospital for her son based on the negligence at the time of his birth on November 12, 2009.

The legal representatives for the Brennan’s told the Court that alleged improper use of forceps inflicted the scars the right side to Dara Brennan’s face. They added that there was a failure to use proper care, competence, judgment and skill required at the time of his birth. It was also argued that a more competent doctor in obstetrics would have avoided inflicted Dara with the scarring injuries. The Coombe hospital’s legal representatives denied these accusations.

Mr Justice Kevin Cross said, in approving the birth scarring injury compensation award  that it was as close to appropriate compensation as possible.

20% in Overall amount paid out in Medical Negligence Claim During 2017

The State Claims Agency (SCA) has revealed medical negligence made up, by far, the largest percentage of compensation claims paid out against the State last year.

The main finding of the report was that, by far, that largest portion of compensation pay outs by the SCA in 2017 was taken up by the public medical sector.

In 2017 €248.88m was paid out by the State in relation to clinical negligence claims in 2017. This represents a rise 20.6% on the €206.4m figure paid out during 2016.

The figures were made available to Fianna Fail Finance Spokesman Michael McGrath in response to the question submitted to the Minister for Finance Fine Gael TD Paschal Donohoe. He had asked for financial details of the sums paid out by the State in compensation claims.

The official response from the Minister for Finance show that that the SCA has paid out €1.123bn since 2010 in relation to medical negligence claims. Between this figure for clinical claims, and a further €32.87m in general claims awarded against the general health sector, €1.235bn has been paid out since 2010.

Major rises experienced in compensation claims against the following area over the last seven years:

  • Personal injury claims awarded against the Defence Forces = €23.6m
  • Irish Prison Service personal injury claims = €19m
  • TUSLA, since it was established in 2013, has paid out €11
  • Other state authorities have paid out €111m since 2010.

Other significant point to note from compensation claims made against the state in 2017 were as follows:

  • The SCA, on behalf of Comprehensive and Community Schools, paid out €1.38m
  • Department of Health pay outs were €296,673
  • The Department of Justice paid out €261,569 in personal injury compensation
  • Children’s’ Detention Schools paid out €196,090

€5m misdiagnosis negligence settlement for Woman (60)

60 years old Bernadette Surlis has had a misdiagnosis negligence settlement with the Health Service Executive (HSE)  of €5m approved in relation to the treatment she received at Sligo General Hospital in 2013.

Senior Counsel Mr Cush said that, if  had Ms Surlis been properly and quickly diagnosed and treated in November 2013, she would not have suffered the injuries. He advised the court that liability was accepted by the HSE.

Ms Surlis attended Sligo General Hospital on November 3, 2013, as she a headache, was vomiting and had a dilated left pupil on her eye, but was designated as category three and left to wait for treatment for another three hours. ‘Triaged’ refers to the fact that she was not treated as an immediate emergency.

Physicians looked over her for evidence of glaucoma and discharged her. However, she returned the following day when the severity of her condition was “appreciated for the first time”.

Ms Surlis, who lives at Drinaum, Strokestown in Co Roscommon was transferred to Dublin’s Beaumont Hospital on November 5 as she suffered a hemorrhage and severe/permanent injury. She now needs permanent care and Mr Cush said the opinion of experts was that her condition will only slightly improve over the course of her life. She is aware regarding her condition and has difficulty communicating but can do so with the assistance of her family members. Ms Surlis has three grown children and four sisters living nearby her.

It is thought that if she had been sent to Beaumont when she first attended the hospital in Sligo she could have been treated properly and made a full recovery.

Bernadette Surlis is now restricted to a wheelchair and lives in a nursing home. Mr Justice Kevin Cross was advised that the misdiagnosis negligence settlement means she may realise her wish to return home in the future.

Judge Mr Justice Kevin Cross said the medical negligence settlement was a “reasonable and very good one” and that he hopes it will lead to Ms Surlis returning to live at home.

Boy (4) Deprived Oxygen at Birth Awarded €15m Compensation

A €15 million compensation settlement for a boy, now aged 4, who was injured during his birth at the Coombe Hospital in Dublin has been approved at The High Court.

The hospital issued an apology to Eoin McCallig and his family, from Dunkineely in Co Donegal, for his injuries and for the devastating consequences for the family.

Eoin’s father, Anthony, said the family could forgive the error. However, they could not reconcile themselves with the way HSE treated their family and others who suffered similarly.

Mr McCallig feels that there must be a “better way” of handling cases involving seriosuly injured children than through litigation actions lasting years to a “bitter end” and last-minute settlement attempts. He told the High Court President Mr Justice Peter Kelly that something has to change.

He said that the HSE has spent €800m over the last ten years fighting these compensation cases. Mr McCallig felt that this money could be put to better use.

Mr McCallig stated that the birth injury settlement of €15m would never change what happened to Eoin, but it would provide some peace of mind for the family as they knew that Eoin would now be taken care after if anything happened to them.

The court was told that staff at the Coombe Hospital, stopped monitoring Eoin’s heart rate at 9.30am on the morning of his birth. Eoin’s parents believe that if he had been monitored after this, it would have seen he was in distress before he was deliver at around 11.30am. The court heard Eoin wasbeen deprived of oxygen in the 20 minutes leading up to his delivery.

It was argued that if Eoin had been monitored and delivered earlier, he would not have suffered such catastrophic injuries. The court was told Eoin was a very smart boy, but he is unable to walk or talk and can communicate with other people using only with his eyes and facial expressions.

In a media statement released through their solicitor, Michael Boylan, Eoin McCallig’s parents said the Coombe Hospital settlement was welcome but the family “would hand this €15 million settlement back in a heartbeat if Eoin could get back what was robbed from him in those two precious hours before his birth”.

Medical Errors Resulting in 1,000 Deaths in Ireland Every Year: Expert

Roger Murray, a legal professional speaking at a medical negligence conference attended by solicitors, medical workers and patients in early September, estimates that 1,000 unnecessary deaths happen annually every year due to medical negligence.

Mr Murray, joint Managing partner at Callan Tansey solicitors, remarked that the most commonly seen incidents relate to surgery (36 per cent) medicine (24 per cent), maternity (23 per cent) and gynaecology (7.5 per cent).

As a medical negligence specialist solicitor who has been involved in many compensation cases, Mr Murray said that though injured patients and families do have empathy for medical professionals who make mistakes “they cannot abide is systemic and repeated errors”.

He issued a plea for thorough investigations when mistakes do happen and referred to many inquest situations where families learned that desktop reviews had been completed following a death, and the results were not disseminated to appropriate staff. A vital improvement opportunity had been missed.

Mr Murray said 160,000 people attending hospitals in Ireland experience injuries due to human mistakes. Mr Murray was speaking at the Pathways to Progress conference on medical negligence and stated that he believes that there is “no compo culture” when it comes to medical negligence compensation actions in this country, saying that what we are seeing in the legal system is just “the top of a very murky iceberg”.

He went on to say that all those injured in medical incidents report it to the HSE. There are notifications of 34,170 “clinical incidents” annually and, of these, 575 resulted in compensation claims against the HSE, a rate lower than 1.7 per cent.

Court Approves Settlement of Compensation for the Misdiagnosis of Meningitis

The High Court has approved a €5.6 settlement of compensation for the misdiagnosis of meningitis in favour of a teenage girl from Ballinalough, County Cork.

On 10th July 2005, the girl´s parents phoned the South Doc out of hours medical service in Cork to express concerns about their daughter´s wellbeing. The girl – who was only three years of age at the time – was suffering from nausea, diarrhoea, drowsiness and a high temperature. She had also developed a rash on her stomach.

Having been told to bring her to the medical centre, the family arrived at 5:00am and were seen by Dr Leon Britz. Dr Britz diagnosed the girl had tonsillitis and told the family to go home. However, the girl´s condition got worse and – at 9:30am – they returned to the medical centre, where the girl was examined by a different doctor. On this occasion the correct diagnosis of meningitis was made.

The girl was taken to Cork University Hospital, where antibiotics were administered, and then transferred to Our Lady´s Children´s Hospital. At the Dublin Hospital she had both legs amputated below the knee, and subsequently medical records show she underwent 132 surgeries over the next twelve years to attend to health issues that could have been avoided had the correct diagnosis been made and antibiotics administered sooner.

Through her mother, the girl claimed compensation for the misdiagnosis of meningitis against Dr Britz and South West Doctors on Call Ltd. It was alleged in the claim for compensation that the misdiagnosis of meningitis as tonsillitis constituted medical negligence on behalf of Dr Britz and that South West Doctors on Call Ltd was vicariously liable for the “profound consequences” of the misdiagnosis.

The defendants admitted liability and a settlement of compensation for the misdiagnosis of meningitis amounting to €5.6 million was negotiated. As the claim had been made on behalf of a minor, the negotiated settlement had to be approved by a judge to ensure it was in the girl´s best interests, and the approval hearing took place recently at the High Court before Mr Justice Kevin Cross.

At the hearing, Judge Cross was told about the timeline of the family´s visits to the South Doc medical centre in July 2005 and the “profound consequences” that had resulted due to the doctor´s negligence. The judge approved the settlement of compensation for the misdiagnosis of meningitis – praising the girl´s parents for the efforts they had made to care for her and noting that the outcome could have been far worse.

Class Action Made Against Epilim for Birth Defects

Claims for birth defects due to taking Epilim while pregnant have been made in France on behalf of up to 4,100 children with foetal valproate syndrome.

Epilim is the trade name of a French anti-epilepsy drug manufactured by Sanofi. The active ingredient sodium valproate to control electrical activity in the brain.  It is now commonly prescribed to treat bipolar disorder, migraines, and chronic pain as well as epilepsy. Originally introduced in France in 1967, Epilim was passed for use in Ireland in 1983.

Just as it was introduced into Ireland, claims for birth defects due to taking Epilim while pregnant started to emerge in France. It was thought that the sodium valproate entered the bloodstream as valproic acid. This, when transferred to the foetus, caused foetal congenital and development issues.

However, evidence of birth defects due to taking Epilim was considered inconclusive by French authorities. Pregnant women continued to be prescribed the drug as normal. Despite the inconclusive evidence, there was still a large proportion of children born to mothers who had taken the drug born with defects. Further investigations ensued. It was only in 2006 that the manufacturers of the drug – Sanofi – warned users that sodium valproate may have adverse effects and advised the medical profession to advise pregnant mothers of the potential risks.

Research conducted several years later by France´s social affairs inspectorate – IGAS – found the majority of in spite of the warning, doctors and pharmacists were unaware of the risks associated with Epilim to pregnant women. The research prompted the inspectorate to conduct a small scale study in the Rhone-Alpes region last year, where a much higher than expected rate of birth defects due to taking Epilim while pregnant was conclusively discovered.

This prompted France’s National Agency for the Safety of Medicines (ANSM) to find more research into the issue. ANSM investigated the health of 8,701 children born between 2007 and 2014 whose mothers were known to have taken Epilim during their pregnancies. The agency identified that nearly half the children were born with some sort of defect, and thus could be classed as suffering from foetal valproate syndrome. Tragically, they discovered hundreds of stillbirths to mothers who were taking the drug.

When the results of study has resulted in the families of those affected by the adverse effects of sodium valproate to formed a class action in order to jointly make claims for birth defects due to taking Epilim. The families claim that Sanofi did not do enough to adequately inform the medical profession of the risks associate with the drug. It also claims the drug manufacturer failed to put adequate warning on its packaging to inform mothers-to-be about the potential risks.

In Ireland, the Disability Federation has called on the government to conduct an audit of children diagnose with foetal valproate syndrome. The organisation claims the scale of the problem in Ireland should be identified in order that adequate support measures are provided for families. If a member of your family has been affected by foetal valproate syndrome, and you would like to know more about claims for birth defects due to taking Epilim while pregnant, you should speak with a solicitor.

Judge Approves €15 Million Settlement for Birth Negligence Compensation

A judge has approved a settlement of compensation in a birth negligence claim amounting to a total of €15 million.

At Kerry General Hospital in May 2006, a baby boy was born by emergency Caesarean Section. Due to negligence of the staff in charge of his birth, a series of tragic and preventable errors occurred. These included no action was taken on a CTG trace indicating foetal distress, and when a heartbeat that indicated issues in the womb, no consultant obstetrician was informed of the potential dangers. Furthermore, the consultant obstetrician was not made aware of the possibility of foetal hypoxia, and the baby’s birth was avoidably delayed by approximately two hours.

Due to the avoidable delay, the boy endured a lack of oxygen in the womb, resulting in devastating brain damage. He was diagnosed with mixed dyskinetic spastic cerebral palsy. Now ten years of age, he requires 24-hour care by his family. He cannot verbally communicate, and he is confined to a wheelchair. Despite the clear negligence of their staff, the HSE failed to admit liability for nearly a decade. During this time, the boy´s family had to care for him on their own without the support they should have received from the state.

The HSE only admitted liability in 2016 after a nine-year legal battle with the family. They were prompted to admit their fault after being threatened with aggravated damages by the boy’s parents. An interim settlement of €2.7 million compensation for brain damage at birth was rushed through the courts. After further negotiations between the two legal teams, the family returned to court earlier this month for the approval of a final lump sum settlement of compensation for brain damage at birth. The final lump sum was agreed upon as €15 million . As the boy is a minor, the amount had to be approved by a judge to deem it sufficient to the boy’s long-term needs.

Judge Kelly stated that he felt the settlement was “commercial common and legal sense”. He further paid tribute to the boy´s parents for their dedicated care of their son. He further added while no money would compensate the boy and his family, it was the only form of redress the law could provide. He hoped it would give peace of mind that there is a fund to care for the boy´s needs into the future. As the boy is a ward of court, the settlement of compensation for brain damage at birth will be paid into court funds and managed by court authorities.

Court Approves Interim Settlement of Spastic Diplegia Cerebral Palsy Compensation

The High Court has approved a €1.98 million interim settlement of spastic diplegia cerebral palsy compensation in favour of a six-year-old boy.

The six-year-old boy was one of a set of male twins born by emergency Caesarean Section at Cork University Maternity Hospital on 5th October 2010. Although his brother was delivered successfully, he was born in poor health having suffered foetal distress in his mother´s womb. He was later diagnosed with spastic diplegia cerebral palsy.

On the boy´s behalf, his mother claimed spastic diplegia cerebral palsy compensation – alleging that there had been a failure by the hospital to exercise reasonable care at the antenatal stage of the pregnancy. She alleged that scans in June and September had revealed a low-lying placenta, a foreseeable cause of vasa praevia complications.

The Cork University Maternity Hospital and Health Service Executive (HSE) denied liability for the boy´s birth injuries – arguing it was not normal practice to investigate the risk of vasa praevia complications. However, an interim settlement of spastic diplegia cerebral palsy compensation was agreed without an admission of liability.

As the legal action had been brought on behalf of a child, the interim settlement of spastic diplegia cerebral palsy compensation had to be approved by a court to ensure it was in the boy´s best interests. At the approval hearing, the High Court was told about the circumstances leading up to the boy´s birth and the alleged lack of regard to the operative risk indicators for foetal distress.

The High Court was also told how, in 2014, the boy had won a National Children of Courage Award, and that last year a crowd-funding scheme raised enough money to fly the family to Missouri for Selective Dorsal Rhizotomy surgery. As a result of the surgery, the boy is now able to walk short distances, but he still requires physiotherapy, speech, language and occupational therapy.

The interim settlement of spastic diplegia cerebral palsy was approved by the High Court and the case was adjourned for five years for reports to be conducted into the boy´s future needs. In five years´ time, the family will be eligible for a further interim settlement or a lump sum payment of spastic diplegia cerebral palsy compensation if a periodic payment system has not yet been introduced.

Review of Irish Medical Negligence Claims Announced

 

Simon Harris, the Minister for Health, has announced that the new National Patient Safety Office will review the current procedures by which patients claim for medical negligence compensation.

The soon-to-be established National Patient Safety Office, announced by the Health Minister whilst speaking at a patient safety  conference in Dublin, will report to the Department of Justice and Equality. Mr Harris commented that the organisation will “lead a program of significant patient safety measures”.

The new office will also establish a patient advocacy service for patients across Ireland, the organisation of a new patient advisory council and the use of a patient safety surveillance system. It will also review the procedures for claiming medical negligence compensation.

This review was organised to help progress the Health Information and Patient Safety Bill. This proposes to allow patients and their families to disclose adverse medical events. The HSE had established guidelines for this open disclosure in 2013, though to date they have not been applied to Irish hospitals.

Many patient rights campaigners have been lobbying for such a review for many years, claiming that – without that statutory duty of candour – any new medical negligence claims are impossible. They also criticise Leo Varadkar, former Minister for Health, for failing to enforce open disclosure in 2015’s Civil Liberty (Amendment) Bill.

The Health Information and Patient Safety Bill also proposes to end the unauthorised disclosure of health information, establish the use of new technologies to exchange health data, to extend the Health Information and Quality Authority’s (HIQA) hold over private healthcare providers. However, until the EU revises its data protection regulations, none of these innovations are likely to be enforced.

HSE Concedes Liability for Incorrect Treatment of Cancer

The Health Service Executive has admitted it was liable for administering treatment for cancer that was not appropriate for the case, with the case due to be heard in Dublin’s High Court.

Kevin McMahon, then aged fifty-eight from Roxboro, Co. Limerick, attended his General Practitioner’s with a sore throat in July 2010. He was subsequently sent to the Mid-Western Regional Hospital, Limerick, where doctors examined his throat. They noticed a lesion and proceeded to take a biopsy.

A second biopsy of the lesion was schedules that October, as there were concerns that Mr McMahon had cancer. However, that appointment was cancelled and another one was not rescheduled until January 2011.

It was during that January appointment that Mr McMahon’s cancer was diagnosed. The patient was told that he required immediate fourteen-hour operation to remove his larynx, meaning he now has to communicate through an artificial voice box.

However, after the procedure, Mr McMahon discovered that targeted radiotherapy was an alternative method of treating the cancer. He sought legal counsel before proceeding to make a claim against the Mid-Western Regional Hospital and Health Service Executive for inappropriate treatment of his cancer.

Mr McMahon alleged in the claim that there was no open discussion with him concerning possible treatment, and as such the decision to undergo the operation that removed his larynx was made without adequate informed consent. He also claimed that the delayed second appointment allowed the cancer to develop further and cause preventable damage, which caused him emotional trauma.

Initially, the HSE denied any liability in Mr McMahon’s injuries until a fortnight ago, just before the claim was scheduled to be heard in Dublin’s Hight Court. The hearing proceeded as planned, but Mr Justice Kevin Cross will now be asked to assess the value of the compensation settlement Mr McMahon is to receive.

Newspaper Claims HSE Open Disclosure Policy is not Being Enacted

An Opinion-Editorial Published by the Irish Examiner has claimed that the open disclosure policy for the Health Service Executive is not going to be applied for a long time.

The open disclosure policy, which dictates when the HSE should tell families when there are issues with the standard of healthcare provided to patients took place in November 2013. However, the aforementioned open editorial claimed that the policy is good on paper, yet is still not being enforced in hospitals across Ireland.

Catherine Shanahan – the journalist who wrote the piece – used the details of seven medical negligence cases that occurred in 2015 and gained some attention by the media. According to Shanahan, they demonstrate how the HSE is not admitting to their wrongdoings and as such, if they want to learn the true story of the events they endured, patients and their loved ones are forced to go to court.

Gil Russell’s case, which was one of the most well-known because of the action with the Sates Claim Agency, was used as a demonstrative case by Shanahan. Born in 2006 with cerebral palsy because of a “prolonged and totally chaotic” delivery which left her deprived of oxygen in utero, the HSE only issued an apology in 2012. At the same time, an interim settlement of compensation was awarded.

The Russell family were back in the High Court in 2014 to be awarded a €13.5 million lump settlement, which was the largest ever awarded by the state for cerebral palsy. The State Claims Agency then made an attempt to appeal the settlement, though the case was later rejected. However, the case was then taken to the Supreme Court – again depriving Gill and her family of the settlement.

Other cases mentioned in the editorial included Skye Worthington and Katie Manton – both suffered similar circumstances to Gill Russell, and both waited for years to receive an apology from the Health Service Executive for their mismanaged births.

The article makes a clear case for the claim that the policy is not being applied in Irish hospitals, and that the money put towards public and doctor education concerning the policy was a waste of government funds.

Judge Approves Interim Compensation for Inappropriate Use of Syntocinon

A judge at the High Court in Dublin has approved an interim settlement of compensation for inappropriate use of Syntocinon during labour, which resulted in a baby boy being born with kinetic cerebral palsy.

Patrick Brannigan (7) was born by emergency Caesarean Section at Cavan General Hospital in July 2007. To aid with her labour, his mother-Niamh Brannigan of Castleblayeny, County Monaghan-was administered a dose of the drug.

However, a CTG trace had shown that the unborn baby was in distress in the womb, suggesting that Syntocinon should not be used. When the drug was administered, instead of speeding up labour, it deprived Patrick of oxygen.

As a result, he was born with dyskinetic cerebral palsy. Patrick is now confined to a wheelchair, and will never be able to live a life independent of his parents. He has no proper means of combination with others.

On behalf of her son, Niamh made a claim for the inappropriate use of the synthetic drug, claiming that the medical staff at the hospital had mismanaged the birth, thus resulting in Patrick being born with the disease.

The defendants admitted liability for the injury, acknowledging that Syntocinon should not have been administered in that case, given the evidence of foetal distress. An apology was issued to the family, and interim compensation of €2.1million was offered as settlement. Seeing as Patrick was a minor, such compensation needed to be approved by a judge in court.

Mr Justice Kevin Cross heard the case at the Dublin High Court earlier this week. The circumstances surrounding the birth were presented to him, and he heard that Patrick was a cheerful and good-natured boy. As a result, he approved the interim settlement of compensation for inappropriate use of Syntocinon.

Judge Cross adjourned the claim for three years so that Patrick’s future needs could be thoroughly assessed. It is hoped that legislation will soon be passed so that the family could receive periodic payments to settle the claim for inappropriate use of the drug during labour.

 

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.

 

Judge Finds HSE Liable in Hydrocephalus Case

A High Court Judge has found the HSE liable for a hydrocephalus brain injury after a young girl was left physically and mentally disabled for life.

In April 2008, Ava Kiernan-just three months old at the time-was displaying symptoms of hydrocephalus (“water on the brain”). The disease is caused by spinal fluid collecting in the skull as a result of it not draining from the brain. It is diagnosed in children under a year old by bulges appearing around the skull, or by the quick increase in the circumference of the head.

Her mother brought her to be examined by a public health nurse, who did not act on her mother’s concerns, or arrange a follow-up consultation for Ava. Had a such a consultation been organised, the rapid change in the size of the young girl’s head would have been identified. However, her skull was not measured until September that year. This measurement was performed incorrectly, resulting in inaccurate results.

Due to these errors, and the original nurse’s negligence, the pressure of the spinal fluid in the skull resulted in Ava suffering from brain damage. She now suffers from both physical and mental disabilities.

On her daughter’s behalf, Ruth Kiernan sought legal advice, and made a hydrocephalus brain injury claim for compensation against the HSE. The claim was contested by the defendant, resulting in the case being brought before Mr Justice Kevin Cross in the High Court in Dublin. After a hearing of three weeks, the judge ruled in Ava’s favour. He stated that if there had been the appropriate follow-up examination, or if the measurement of her head in September had been carried out correctly, the hydrocephalus would have been identified and suitably treated. Had it been identified, the judge stated that Ava never would have suffered the brain damage due to the excess of fluid.

Judge Cross adjourned the case so that an investigation into Ava’s future needs could be assessed, and an appropriate settlement could be made to provide for her future.

Medical Protection Society’s Protocols Well Received

The Medical Protection Society’s protocols regarding the reduction costs of hospital negligence claims in Ireland have been well received so far.

The Medical Protection Society-the non-profit organisation responsible for providing legal assistance to those working in the medical sector-has brought forward proposals for “pre-trial protocols” which aim to lower the costs of hospital negligence claims. There are significant expenses involved in bringing legal action against the Health Service Executive (HSE), a problem that the Medical Protection Society is keen to fix.

Their aim is to make communication between the plaintiff’s and the defendant’s legal teams easier by promoting openness and transparency on both sides. They also want to provide an opportunity for each negligence claim made against the hospital to be investigated-and potentially resolved-before litigation is even necessary.

This improved dialogue between sides should lower the costs of medical negligence claims in hospitals across Ireland by creating less adversarial processes. In both England and Wales, solicitors suffer financial penalties if they go straight to the litigation procedure without first attempting some sort of mediation. If the MPS is successful, such penalties would not be required.

Emma Hallinan-the MPS’s Director of Claims-proposes that the protocol should first be trialled voluntarily before any legislation is introduced. She states: “We recognise the important role that the MPS must play, and have committed to trialling procedural reform before it is introduced in statute. We are in the process of writing to plaintiff lawyers with large medical negligence practices to request that they work with us to pilot this.”

Among the various proposals put forward by the Medical Protection Society, a tariff of general damages would be introduced. This is comparable to the Judicial College’s “Guidelines for the Assessment of General Damages in Personal Injury Cases” in the UK. It would act as a scale of compensation awards for specific physical injuries caused by hospital negligence, ranging from dental damage to severe brain trauma.

Other general damages-such as loss of amenity and emotional trauma-as well as special damages to replace lost incense and expenses would still require negotiation between parties to resolve. Many who have read the proposals commend the MPS, stating that they are heading in the right direction to lower the costs of making such hospital negligence claims in Ireland.

Judge Denies Lump Sum Payment Request

A judge has requested a mother’s request for a lump sum payment for her son’s birth injuries, claiming that it would be a disaster if the money were to one day run out.

In February 1995, Connor Corroon (19) was born in the Cork City General Hospital. Due to a mismanagement of his birth, he had been starved of oxygen in the womb. As a result, he now suffers from cerebral palsy, and is permanently disabled. He is entirely wheelchair dependant, and does not have the ability to speak.

On behalf of her son, Judith Corroon made a claim for birth injuries compensation against the hospital. In 2010, Connor became the first plaintiff to be awarded an interim settlement of compensation for catastrophic injuries pending the introduction of structured payment legislation.

Last year, Connor received his second interim settlement of his birth injuries claim. Seeing as legislation for structured payments has yet to be introduced, he was due to receive his third payment later this year. However, his mother requested that it be a full, final lump sum. Her son must endure a series of assessments every time he has to appear in court to receive his payments, and she claims receiving a lump sum would save him this distress.

She explained her case at the High Court, stating that she desired her son to be able to live a normal life. With the interim payments, it was constantly being interrupted by assessments by different experts. She described her son’s existence as being in a “fishbowl”, and said that in spite of his disability, she hoped that Connor would one day be able to attend university.

Despite her plea, Judge Barton denied her request, stating that if the money from a lump sum payment were to one day run out, it would disastrous for Connor. He approved another interim payment of €1.45 million. To this date, the total paid to Connor for his injuries is €3.25 million.

Justifying his decision, Judge Barton said that he had recently received a consultation paper relating to the proposed Civil Liability (Amendment) Bill. The Bill aims to introduce a system of regular payments next year to better serve plaintiffs with catastrophic injuries. The judge said that a periodic payment system would be in Connor´s best interests, and he adjourned the hearing for a further five years.

Medical Negligence Claim Heard in High Court

A family have been awarded €2.75 million as an interim settlement of compensation for negligence of their consultant obstetrician.

In November 2001, James McCarthy of Clonmel, County Tipperary was born by emergency Caesarean Section at thirty-three weeks. A scan revealed that his twin brother had died in the womb, prompting the emergency medical actions. The baby boy was born with severe disabilities, and diagnosed with cerebral palsy a year after he was born.

On behalf of their son, James Cooney and Linda McCarthy made an injury compensation claim against Dr Raymond Howard-working at St Joseph’s Hospital-the consultant obstetrician who had looked after Linda during the later stages of her pregnancy with James.

Linda claimed that she had been referred to St Joseph’s Hospital for ante natal care and was seen by Dr Howard’s registrar. A scan was conducted, and the registrar wanted to admit Linda to hospital immediately over concerns of the twins that she was carrying.

Dr Howard dismissed his registrar’s concerns, and told Linda that she was to return to him a week later. When she did, a scan revealed that one of the twins that she was carrying had died during that time. This prompted them to deliver James by Caesarean Section immediately. Due to the trauma that James suffered in the womb, he is dependant on his parents for life, as he is unable to walk, talk or sit up by himself.

Linda stated that, although Dr Howard was her obstetrician, the first time that they had actually met was the day after her son was born. She alleged that neither her health not her son’s had been investigated, monitored, diagnosed or treated during the latter part of her pregnancy. She further claimed that James’ injuries could have been avoided in the doctor had taken greater care.

Dr Howard admitted liability for the young boy’s injuries and, at the Dublin High Court, Mr Justice Kevin Cross was informed that an interim settlement of compensation of €2.75 million had been agreed upon.

The judge approved this settlement, and adjourned the case for a further three years so that an investigation into James’ future needs could be completed.

 

Case for Medication Side Effects Heard at High Court

A woman’s claim for compensation due to severe and life-altering side effects of her medication has been heard at the High Court. 

Lorna Savage (43) of Cobh, County Cork, has been granted with permission to pursue her claim for compensation for medication side effects against the manufacturer of the medication-Pfizer-after a hearing at the High Court. Pfizer had applied to have the case dismissed due to the length of time that had passed since the claim was first filed against them.

Mr Justice George Birmingham heard at the hearing that Lorna was first prescribed the steroid Deltacortril in 1997 to treat the skin disorder vasculitis. Vasculitis is a condition which in which damaged blood vessels cluster together and cause an irritable rash on the surface of the skin.

Lorna claims that after a few years of taking the steroid, her condition deteriorated due to her developing Avascular Necrosis. This disease had been established as a rare side effect to the steroid Deltacortril, and prevents blood from reaching the bones of the knee and hip joints. This lack of blood causes the bone tissue in these areas to die-ultimately resulting in the knee and hip bones collapsing entirely.

Four years after her initial prescription, Lorna had both of her knees and one of her hips replaced. The Avascular Necrosis had spread to such an extent that she is now entirely reliant on a wheelchair to move, and has to take morphine to deal with the continual discomfort of the disease.

Lorna sought legal advice, and made a claim for medication side effects against the two doctors who had prescribed her the drug-GP Dr Michael Madigan and her consultant doctor at the Cork University Hospital-Dr M Molloy.

In her claim against Dr Madigan’s estate (he died in 1999), Lorna claimed that he had failed to fully investigate her skin condition and had been negligent to her health in prescribing her Deltacortril when he should have been aware of all potential side effects. In her claim against Dr Molloy, Lorna claimed that he had been negligent in recognising the symptoms of Avascular Necrosis.

Lorna also made a further claim for medication side effects compensation against the pharmaceutical company Pfizer. She claimed that he company did not provide a warning in the literature that accompanied their stereos that their use could case Avascular Necrosis, and had not advised against the consumption of alcohol while taking the tablets.

All of the defendants denied that they were guilty of negligence, and Pfizer applied to have Lorna’s claim dismissed on the grounds of “an inordinate and inexcusable delay” in bringing her case to court.

At court, the judge was informed that the cause of the delay was due to Lorna being unable to instruct her solicitors as she had undergone a total of seven major operations. Mr Justice George Birmingham ruled the delay “excusable”, and denied Pfizer’s application to dismiss the case. The case was listed for a full hearing later in the year.

Case of Hospital Negligence Settled in Court

The case of a woman who died due to hospital negligence has been settled in court, with €165,000 being awarded to her family. 

In January 2006, Helen Malone died in St Luke’s General Hospital due to a delay in having an operation. Helen had been referred to the hospital due to a bowel condition that she suffered which required surgery, but the hospital staff delayed in giving her the vital treatment on several occasions. Helen died four days after the surgery was finally delivered.

An investigation was launched into her death, and it was revealed that she died as a result of systemic sepsis and multiple organ failure. The cause of these ailments was a perforated bowel, and the report stated that had Helen undergone surgery sooner, it was highly likely that she would have survived.

Patrick Malone-Helen’s widower-of Carlow City sought legal counsel and brought his compensation claim for a delayed operation to the HSE. The Irish Medical Council found that the consultant doctor in charge of his wife’s case-George Nessim-guilty on four charges of professional misconduct. Despite this evidence, the HSE refused to accept liability for Helen’s death.

The case was scheduled to be heard in court, but just prior to the hearing, the HSE admitted liability for Helen’s death due to a delayed operation. A settlement of €165,000 was negotiated between the parties for mental anguish suffered by Patrick and his six children as a result of Helen’s premature death.

The settlement needed to be approved by a judge in court before the case could be closed. The hearing was postponed five times before it was finally heard by Mr Justice Ryan. The details of the case were read to him-including how Helen “languished in pain” before the operation-and an apology was read to the family by a representative of St Luke’s Hospital. They acknowledged that the standard of care that Helen had received was sub-parr, and that they were responsible for the series of events which caused her death.

The judge approved the compensation settlement, noting that it did not include aggravated damages. He commented both parties for concluding a “difficult, painful and tragic case”.

Doctor Found Negligent in Undiagnosed Cancer Case

 

A judge has awarded compensation to the family of a woman who died after suffering from an undiagnosed tumour, with the doctor found at fault for negligence. 

In April 2009, Sharon McEneaney (31) of Carrickmacross, County Monaghan, died from a cancerous tumour that grew in her abdomen. She first sought medical attention for pain in the region in the emergency department of Our Lady of Lourdes Hospital in Drogheda eighteen months prior to her death, but the tumour was not recognised.

The cancer went undiagnosed for a further nine months, and was only identified when Sharon was given a biopsy in June 2008, due to the intervention for Dr Rory O’Hanlon, a former TD. By the time the cancer was recognised, the tumour had grown too large to be treated. Sharon died of the cancer the following year.

An investigation into Sharon’s death was launched by the Health Service Executive (HSE), and it complied a report of 38 recommendations to prevent future failures to diagnose cancer. In January 2012, Dr Etop Samson Akan was found guilty of a poor professional performance by the Medical Council of Ireland’s Fitness to Practise Committee for his treatment of Sharon.

Ms Justice Mary Irvine at the High Court in Dublin oversaw the case when it was brought to court. The court heard the General Manager of the Louth & Meath Hospital Group-Margaret Swords-read out an apology to Sharon’s family, admitting that the hospital had failed Sharon. The apology also stated that the hospital was making progress in making the changes required to prevent a similar incident from happening again. The court heard in the five years following Sharon’s death, the hospital had implemented six of the HSE’s recommendations.

Sharon’s family received compensation for the failure to diagnose cancer after negotiations between the two parties, valued at €62,500. Sharon’s funeral and other expenses related to her death have been covered by €10,000 settlement, and a further €27,100 in compensation has been awarded for the failure to diagnose the cancer to Sharon’s mother Jane. The remainder of the settlement is being shared between Sharon’s siblings.

Ms Justice Mary Irvine closed the hearing after commending Sharon´s family for their courage, and commented “You have shown marvellous fortitude in the face of such a loss”.

No Judgement Passed in HIV Mix-Up Case

A judge has reserved judgement in a case involving a young women incorrectly being told that she had been infected by HIV after test results had been mixed-up.

In August 2010, Michelle Kenny (35) of Crumlin, Dublin, just returned from a holiday in Majorca when she began to feel unwell. She attended St James Hospital in Dublin, and underwent an ECG and blood tests, and had an x-ray of her chest taken in an attempt to diagnose what was wrong with her.

Michelle remained in hospital for a week, as medical staff believed that she may have a blood clot on her lung. When she was discharged, she still had to wait for the result of a blood test for tuberculosis. Michelle also underwent a blood test for HIV when she returned to the Outpatients Clinic early the following month.

A week after this tests, Michelle received a phone call from her doctor stating that although she was clear for TB, the HIV test that was completed came back as positive. Three further tests were taken, all of which indicated that a mistake had been made with the initial test, and Michelle did not in fact have HIV.

An investigation was launched into the case, and it was revealed that the doctor at St James Hospital had given her the wrong person’s results. Michelle sought legal counsel, and made a claim for compensation for nervous shock against the hospital. She alleged that the news, albeit incorrect, had stopped her from socialising and caused a change in her lifestyle.

The defendants contested the claim, stating that Michelle had not suffered any loss or damages due to the mix-up. They argued that Michelle had quickly been informed of the mistake, and therefor was not entitled to any compensation for the mix-up. Michelle told the court, “I was devastated. I thought I was going to die, that I had no future.”

Ms Justice Bronagh O’Hanlon heard the case, and stated that she would reserve judgement on the claim for test result mix-up compensation for a later date.

Woman Receives Compensation for Post-Birth Trauma

A woman who received negligent care after giving birth by emergency C-section has been awarded compensation for her post-birth trauma. 

In January 2008, Honey Larkin of Letterkenny, County Donegal, brought a case against the Health Service Executive and her consultant gynaecologist Eddie Aboud for negligence surrounding the birth of her child. Honey gave birth by emergency Caesarian section at the Letterkenny General Hospital. Honey claims that after the operation was complete, she started to haemorrhage internally and that the medical staff overlooked these signs of post-surgical bleeding.

Honey lost more than half of her total volume of blood by the time she was returned to the operating theatre to attempt to stop the bleeding, which Honey describes as a “near-death” experience. Honey claims that she now suffers from Post Traumatic Stress Disorder as a result of the incident.

Honey further claims that neither her gynaecologist nor the other medical staff at the hospital checked on her, or recognised that she was bleeding after the initial surgery. When her distress was eventually responded to, there was a failure to attach due significance or act appropriately within a reasonable time.

Both of the defendants denied the claim, stating that Honey had been treated in an appropriate manner as soon as her post-surgical bleeding was recognised by medical staff. However, Honey continued with her claim for compensation, and the case was brought to the High Court before Mr Justice Kevin Cross.

The judge was told that no bleeding had been apparent when Mr Aboud had finished the Caesarean Section operation. Mr Aboud said that when he was called back to attend to Honey´s post-surgical bleeding, he performed the operation successfully to stop the haemorrhage. Judge Cross said that no blame could be attributed to Mr Aboud and that charges against the consultant gynaecologist were dropped.

The judge did stated that the length of time that it had taken for medical staff to identify the bleeding and respond to Honey’s distress was inadequate, and he awarded her €25,000 in compensation as a result of the hospital “needlessly” delaying Honey’s revision for surgery by more than an hour.

HSE Issues Apology for Negligence Resulting in Woman’s Death

At the High Court, the HSE has issued an apology for negligence at a hospital which resulted in a woman dying of dehydration.

In January 2010, Eileen Brady was referred to the Cavan General Hospital by her GP after she had been diagnosed with a poor fluid intake which was manifesting in mouth ulcers. Eileen was admitted to hospital, but died a day later. It was revealed that her death was due to dehydration, which caused many of her organs to fail.

An investigation was launched into Eileen’s death, and it was reported that the treatment that Eileen had received for her dehydrated stated was ineffective in helping her, as her veins had collapsed due to the chemotherapy treatment that she was undergoing in a Dublin hospital to treat her stomach cancer.

It was also revealed that the death was entirely preventable had Eileen’s medical charts been examined more closely. If senior, more experienced physicians had been consulted as Eileen’s condition deteriorated further and further, or if Cavan General Hospital had leased with the Dublin hospital that was treating Eileen for her cancer, the condition of her veins could have been revealed and her death could have been prevented.

Martin Brady of Crosskeys, County Cavan-Eileen’s son-sought legal counsel and sued the Cavan General Hospital and the Health Service Executive (HSE) on behalf of his entire family. He claimed that Eileen’s death had been avoidable if the above measures were taken, and that Eileen’s death had caused the family mental distress. The HSE admitted liability for Eileen’s death, and a compensation settlement was agreed out of court, subject to the family receiving a public apology.

Ms Justice Mary Irvine oversaw the hearing at the High Court. A representative of the HSE read out a statement in which the hospital and the HSE both apologised for the negligence care which resulted in Eileen’s death, and the subsequent grief and stress that had been suffered by her friends and family.

Responding on behalf of the family, Aidan Brady said he hoped that both Cavan General Hospital and the HSE had learned from “the grave mistakes” made in the care of his mother “and that no other family would have to go through the trauma and distress that we have suffered”.

Health Secretary Aims to Reduce Cost of Medical Negligence

The minister for health has declared that he aims to reduce the cost of medical negligence to the UK by reducing the number of claims made each year. 

The UK’s Secretary for Health-Jeremy Hunt-has released a statement saying that he wants to reduce health service negligence claims by having those responsible for medical errors acknowledge their mistakes and apologise to patients.

The comments were delivered in a press interview regarding the new guidelines that were sent to every hospital in England and Wales. These guidelines recommended that doctors and nurses “say sorry” in circumstances where there had been a failure in the duty of care. Mr Hunt has suggested that medical professionals in the health service are reluctant to apologise because of their fear of litigation.

Catherine Dixon-chief executive of the NHS Litigation Authority-agreed with the Secretary of Health’s views. She stated that: “Saying sorry is the human and moral thing to do. We won´t say that we are not going to cover you [in the settlement of health service negligence claims] because you’ve said sorry. We are not like a car insurer who will withhold a claim because an apology has been given. Saying sorry is not an admission of legal liability”.

Mr Hunt cited the University of Michigan as an example of how the suggestions work. The University is one of the safest medical centres in the United States, and has seen the number of medical negligence claims for compensation halve in the past decade after adopting the practice of “apologising and learning when you are wrong, explaining and vigorously defending when we are right, and viewing court as a last resort”.

The Health Secretary tweeted that the University of Michigan´s approach was an “interesting example of how being open and saying sorry could slash the litigation bill. [We] want to see similar results in the NHS”. He also stated that half the health service negligence claims received by the NHS Litigation Authority were “without merit”.

Recently released figures show that the number of health service negligence claims received so far this year is expected to increase by a quarter to 12,000, and that around 20 percent of the health service’s annual budget of £22 billion is being set aside to pay compensation to thousands of people who have suffered a loss, an injury or the avoidable deterioration of an existing condition due to poor medical care received.