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.