All posts by imninfoadmin

Additional Birth Injury Compensation of €3m Awarded to Boy (14)

An additional birth injury compensation settlement of €3m has been approved for Luke Miggin, who has cerebral palsy.

This brings the total amount of compensation awarded to Luke to over €6m the amount in relation to the circumstances of his birth at Mullingar General Hospital in February 2006.

This interim settlement is the result of mediation talks and should account for Luke’s needs over the coming six years. He took the legal action, in relation to his injuries sustained at birth, via his mother Emily Miggin. They sued the health Service Executive and consultant obstetrician, Michael Gannon, of Mullingar Hospital.

On February 28 2006 Luke was delivered shortly after 5pm on February 28th 2006. In a previous action the Judge was informed that Luke would not have sustained his injuries if he had been delivered one hour earlier. Liability was accepted by the HSE and Dr Gannon.

Justice Kevin Cross was informed by Luke’s legal representative, Denis McCullough SC, for the boy, that he (Luke) is happy at school and is a bright and enthusiastic child. Emily, who had been working as a therapist, is now tending to her son and providing care in a full-time capacity.

During the hearing Ms Miggin told the Judge that this is her son’s fifth time in court and he had first settled the compensation in 2011 with the first interim payment amounting to €1.35m. Since that time, she informed the Court, Luke has had to have 80 assessments to date in preparation for the court approved payouts. She said: “The system should be easier”.

Ms Miggin told Justice Cross that Luke is a fabulous child who has complex needs and they were blessed with very good carers and she would give the money back fivefold to see her son kick a football. She said she was heartbroken and both her son and she had lost an awful lot.

Justice Cross praised the care and love that Ms Miggin has given to Luke and wished her well for the future. The case is due for further review in six years’ time when Luke’s future care needs will be reviewed.

 

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€6.5m Medical Negligence Settlement for Disabled Teenager

At the High Court a 19-year-old man with cerebral palsy has settled a High Court action, taken in relation to injuries his sustained at the time of his birth in the Rotunda Hospital, for €6.5m.

The settlement includes €500,000 related to past care and several thousand euro is to be dedicated to allow the man question, Ross McNally, to invest in assisted technology. Presiding Judge Justice Kevin Cross gave his approval for the agreed €6.5m settlement figure and praised both sets of legal teams on successful mediation talks.

The court was informed by Siun Leonowicz BL, instructed by solicitor Tim O’Hanrahan, that this settlement for Mr McNally was the result of the mediation talks which begun in the last few weeks. Prior to the mediation beginning liability in the case had been conceded.

Ms Leonowicz this week told the court that Mr McNally suffered a hypoxic ischaemic injury at the time of his birth.

The legal action was taken by Mr McNally, Sherrard Court, Dublin, via his mother Samantha McNally, against the Rotunda Hospital in relation to the events that took place during his delivery on March 8, 2001.

Due to the the onset of labour and CTG tracing, his mother was taken to hospital on March 7, 2001, On the morning of March 8, analysis showed that the foetal heart-rate pattern on the CTG was deteriorating, according to those monitoring Ms McNally.

The court was informed that the Syntocinon treatment, which allows the muscles of the womb to contract, was started at 5.30am and steadily increased, despite the worsening appearance of foetal heart rate on the CTG tracing. In addition to this it was alleged that labour was allowed to progress at 8.15am despite the pathological appearance of the CTG. At 9.20am a decision was made to deliver Ross. An emergency caesarean section was carried out and he was born at 9.50am. However he was in a cyanosed condition.

The legal action that was taken alleged that there was a failure to identify atypical deceleration on CTG tracing and that it was pathological. In addition to this it was claimed that there was a failure to manage or appropriately manage the second stage of labour and the baby’s delivery was delayed by 65 minutes.

Ms McNally informed the court, via an affidavit to the court, that she is happy with the settlement.

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HSE Sued by Boy with Cerebral Palsy Following Claims Doctor was Struck Off in UK

A boy with cerebral palsy who is taking a legal action against the Health Service Executive (HSE) linked with the circumstances his birth is alleging that his care was entrusted to a doctor who had previously been struck off in the United Kingdom.

At the High Court it was revealed that Tadhg McKenna, of Sruth An Mhuillan, Emyvale, Co Monaghan, is now pursuing a compensation claim for aggravated damages due to the involvement of Dr Aamir Iqbal Malik was allegedly working on his birth.

In May, Dr Malik was suspended by the High Court from the medical register in Ireland pending further order.

That court was informed that Dr Malik, who qualified as a doctor in Pakistan in 1989, had been struck off the medical register in the UK in 2018 for professional misconduct due to dishonesty in relation to his conduct as a doctor in that country.

The case is based on allegations that the care of Tadhg, who has quadriplegia cerebral palsy, was entrusted to Dr Malik during his care at birth in Cavan General Hospital. It is alleged that Dr Malik was not professionally qualified or competent enough to provide the required care either at all or without the correct supervision.

It is claimed that the HSE owed a duty to ensure the employment as well as deployment of a medical team, specifically medical doctors. The HSE also should have carried this out in such a way as to ensure that any doctors registered with a non national registration authority were appropriately qualifiedand that any disciplinary investigation or sanction imposed was made known.

Justice Kevin Cross was informed that the new revelations have lead to more stress for the McKennas but they would would like to avoid the case being delayed. Legal representatives for the HSE said it is currently reviewing the new revelations.

Liability had previously been conceded in relation to breach of duty but causation had remained at issue. Tadhg, through his mother Emma Louise McKenna, sued the HSE over the circumstances of his birth on August 31, 2017.

The case was listed for further hearing in September.

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Central Criminal Court Hears Healthcare Volunteer Admit to Drugging and Sexually Abusing Teenage Boys

At the Central Criminal Court a Kildare man, who cannot be identified so as to safeguard the identify of the victims, has pleaded guilty to oral rape of one boy and abusing another during 2018

The man (29) in question was a member of a voluntary paramedic organisation who was accused of drugging the boys with a powerful pain relief substance. He also pleaded guilty to meeting the child with the aim of sexual exploitation and aiding and abetting in the production of child pornography.

He will be sentenced on Wednesday. Since the complainants first made accusations the defendant was suspended from his volunteer role and also from a nursing course he was completing at the time which included a placement at a national children’s hospital.

The court was informed that one of the sexual assaults took place after the man forced the boy (15) to use an oxygen mask to inhale the drug before abusing him. A subsequent sexual assault took place when the boy was, again, unconscious and a different individual filmed the event using the camera on his phone.

In relation to another incident, involving a different child, the man pleaded guilty to sexual assault and sexual exploitation. The incident took place on May 18th, 2018 at a place in south Dublin and in the Wicklow mountains.

There was as additional guilty plea in relation the theft of medicinal items, including a vial of Penthrox and a carbon dioxide chamber from Naas race course during 2018. Penthrox is an analgesic normally prescribed by medical practitioners, the Defence Forces, ambulance paramedics, sports clubs and surf lifesavers to counter the effects of pain. It is administered by placing a vial of the medicine on a pipe-like device called a green whistle, which is then used to inhale the drug. Penthrox includes an active ingredient known as Methoxyflurane.

The Judge was informed that on two separate occasions the individual called to the house where his victims resided, driven by a different man, to pick them up. Following this he forced them to take the drug by placing the whistle device onto the victim’s mouth or the oxygen mask over their mouth. During both incidents the man’s victims awoke from unconsciousness to discover that they were being sexually assaulted.

Medical testimony was provided which informed the court that Penthrox should not be administered to those who are not yet 18 years of age. Additionally it was revealed that the man had modified the whistle device to remove a filter. Dr Aidan McGoldrick provided testimony which said that this modification  would result in the drug actually being four times stronger and lead to cases of memory loss. The Judge was informed that the defendant’s Internet search history included searches like “nitrous oxide side effects”, “Penthrox and knock out”, and “how much Methoxyflurane does it take to knock you out”.

The mother of one of the victim’s provided an impact statement which informed the court that her son has had difficulties in school and had to go to counselling since the attacks took place. He was, she said, too embarrassed to come to court to give his own statement. She informed the court that, due to the defendant abusing his position of responsibility to gain access to controlled drugs and carry out the sexual assault, her family will be haunted for the remainder of their lives.

Counsel for the defence, James Dwyer SC, made a  plea for mitigation on behalf of his client, saying that the individual regrets his actions and the damage he inflicted on the boys. Despite informing Gardai, after he was arrested, that one of the boys had initiated the sex and  been coherent at all times, the defendant said he accepted the victims’ record of events

Sentencing will take place on Wednesday.

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PTSD Car Crash Compensation Award of €87,000 for Woman who Attended Accident Scene

A woman, who was the first on the scene of a horrific road traffic and saw the partly decapitated body of a motorist, has had a post-traumatic stress disorder (PTSD) compensation award of €87,000 has been approved.

The woman in question, Lisa Sheehan, began to suffer from moderately severe PTSD following the incident. She felt that she could no longer continue in her job so had to resign from her hairdressing role two years after the accident happened.

Mrs Sheehan (36) is a married mother of two from Banteer in north Cork. She took the legal action for compensation against Bus Éireann and FBD insurance which provided cover for the deceased motorist.

Mrs Sheehan described to the judge how she suffers with nightmares and flashbacks, how her mental condition placed great strain on her relationships and how she still needs counselling and medication.

The court was informed that this suffering arose as a result of the negligent operation or control of both the bus and the car. Bus Éireann refuted the negligence claims. FBD, on the other hand, accepted that the accident was caused by the negligence of the deceased car driver but, in tandem with Bus Éireannm, argued that Ms Sheehan’s psychiatric injuries did not give rise to any cause of action recognised in legislation and they did not owe her a duty of care.

Ms Sheehan was driving home from  her job in Cork city at the end of her work shift when the unfortunate incident took place on January 28, 2017. As she was coming close to Mallow she became aware that her car struck some debris so she brought the car to a complete halt. SHer then discovered that there was a damaged bus and car nearby. Upon further investigation she found “a badly disfigured and partly decapitated body”.

Mrs Sheehan then called the emergency services and investigated the other surrounding areas for other people who might have been involved in the accident. She eventually found the driver of the crashed bus whose face was covered in blood.

Addressing the legal arguments that the defendants were stating, Justice David Keane said the law on primary/secondary victims is far from settled in this jurisdiction. He continued, saying that that, while in his opinion nothing turned on that division in this instance, he was content that Ms Sheehan was a primary victim as her car had been hit by debris from the crash.

Justice David Keane approved the PTSD compensation award of €87,238 compensation in relation to the incident.

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€12m Hospital Negligence Settlement Approved for Girl (9)

Yesterday at the High Court a €12m hospital negligence compensation settlement was approved for a nine-year-old girl who sustained brain damage as, it was claimed, she was not admitted quickly enough after she contracted bacterial meningitis.

The medical negligence compensation action was taken against the Health Service Executive (HSE) by Cabrini Fallon on behalf of her daughter Robyn Kilgallon in relation to the treatment she was administered with at Sligo General Hospital on February 1, 2011, when she was only 10 months old.

The court heard Robyn’s parents took her to the hospital following a referral from a GP who was concerned the child had a viral infection. Even though Robyn was showing symptoms such as a high temperature and vomiting, had little control of her movement and had eyes rolling in the back of her head, she was sent home by a junior doctor as, her parents were told,  the outcomes of Robyn’s blood tests did not suggest that there was anything that appeared to be a serious worry.

However, when Robyn’s condition did not subsequently improve and she was readmitted to the hospital on the morning of February 2. At this time the young girl was very ill, unresponsive and had a seizure. She was taken to an intensive care unit where she was incubated. Not long after this she (Robyn) was reviews and her condition was deemed to be a serious nature to the extent that she was transferred to the Royal Victoria Hospital in Belfast for specialist treatment.

Robyn now suffers from significant development delay and experiences difficulty communicating with others and walking.

In the legal action it was claimed the HSE had been guilty of medical negligence as Robyn had not been admitted and treated her for the suspected bacterial infection. Furthermore it was alleged that this failure to admit Robyn, of Caltragh Road, Sligo lead to her suffering brain damage.

The court was informed that Robyn’s mother and her father, Declan Kilgallon, are hoping to move to a house which will be more suitable to the restrictions that Robyn experiences due to their injuries. The family solicitor, Donnacha Anhold, read out a statement in court on behalf of the family. It said Robyn had been a perfectly healthy young child at the time that she was brought to Sligo General. Mr Arnold added that the HSE has issued an apology to the Kilgallon family last week, for which the family was extremely grateful.

He went on to say that he family had not been informed of the measures that the HSE plans to implement to prevent something this from happening in the future. There has been nothing produced so far in relation to this,

Liability in the action was admitted in the hospital negligence legal action and presiding Judge Justice Cross said he was satisfied to give his approval for the settlement figure agreed.

 

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BreastCheck Misdiagnosis Compensation Claims as Woman (59) Sues Health Service Executive

Mother of two Siobhan Freeney, who attended a mobile BreastCheck clinic to have a mammogram conducted as she was concerned about a lump on her breast, has taken a BreastCheck misdiagnosis compensation claim against the Health Service Executive (HSE).

Ms Freeney alleges that the results of her mammogram in June 2015 was read incorrectly. A number of day after the mammogram was completed she received a letter from the BreastCheck service to advise her that the mammogram results were clear. Just six months later, Ms Freeney was diagnosed with cancer in her right breast and she now alleges that the original mammogram should have returned a result of highly suspicious for cancer and she should have been sent for further assessment.

Ms Freeney had a mammogram in the mobile clinic when it came to her local town Gorey, Co Wexford and she claims that this test she have revealed a cancer diagnosis.

Ms Freeney’s legal representative Jeremy Maher SC told the court that due to this delay in her diagnosis, Ms Freeney says that they chance to spot the cancer at an early stage was missed. Mr Maher SC informed the court that they are submitting the claim due to the alleged delay in the diagnosis of Ms Freeney’s breast cancer. The breast cancer was not actually diagnosed until December 2015.

It is their contention it ought to have been diagnosed six months earlier when Ms Freeney attended the mobile clinic.

Furthermore it was alleged that Ms Freeney was not referred for additional assessment after the tests that were conducted at the mobile clinic in Gorey. They said that a triple assessment including a clinical assessment mammogram and ultrasound would have taken place and identified the cancer if this had been done.

The compensation claim said that there was a failure to failure to advise, treat and care for her in a proper skillful, diligent and careful fashion along with an alleged failure to use reasonable care skill and judgment when reviewing her mammogram taken on June 17, 2015. Finally it was claimed that there was an a failure to identify that features in her mammogram of her right breast taken that June were suspicious of cancer. Had her cancer been detected in the test that was conduct in June 2015, her counsel said Ms Freeney would have undergone a mastectomy.

All the claims are denied by the HSE. Counsel for the defence claimed that, if the cancer has been discovered in the earlier test, the cancer would have been smaller and she would not have required radiotherapy and chemotherapy. He said their case was the mammogram taken in the mobile clinic was incorrectly reported as indicating no indication of cancer. Specialists for their side he said will say that if Ms Freeney had been sent on for additional assessment the cancer would have been identified.

The case before Ms Justice Niamh Hyland continues.

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€1.5m Settlement for Family of Woman Kept on Life Support over Eighth Amendment Worries

The family of a deceased young mother who was pregnant and kept alive on life support due to doctors’ concerns about the Eighth Amendment have been awarded a €1.5m settlement including expenses.

Ms Perie was pronounced brain dead in late November 2014 at 26 years of age when she was 15 weeks pregnant. She had been kept alive on life support for an additional four weeks after this due to doctors’ concerns about the implications of the Eighth Amendment – since repealed – for the foetus. Life support was discontinued after her family obtained High Court orders to that end on December 26, 2014.

Of the final settlement, that was awarded for failings in care at Midland Regional Hospital in Mullingar, €1.3m will go to Natasha Perie’s two children, now aged 11 and nine. Her father Peter Perie later took proceedings in which the main claim was for damages for his two grandchildren, the girl now aged 11 and the nine-year-old boy, in relation to the loss of their mother’s care. Both children, who were born to separate men, had been residing with their mother in Mr Perie’s home but, since her death, have been living with their respective fathers.

The HSE admitted liability in the case but argued the extent of damages sought, some €3.2m. The State Claims Agency which had offered some €1.5m on behalf of the HSE. Nervous shock claims by seven family members were previously settled and Ms Perie’s daughter received €150,000 in those proceedings.

Ms Justice Deirdre Murphy heard the larger fatal dependency case, beginning yesterday, after a mediation failed to secure agreement and the €1.5m offer made earlier this week was not accepted.

An apology had been issued by the HSE for the family last November from the Mullingar hospital and the HSE in relation to issues with Ms Perie’s care at the hospital in late 2014. She was pronounced brain dead days after her admission there on November 27, 2014, but was then kept on life support.

Evidence was presented to Justice Murphy, from members of his extended family and the children’s fathers and relevant medics, in relation to the impact on the children of seeing their mother on life support. Dr Frances Colreavy said Ms Perie’s eyes did not shut properly. She said nurses informed her the children, especially the then six-year-old girl, were upset, with both refusing to touch their mother. The condition of the girl was referred to as “inconsolable”. A care expert also told the Court that both children would require live-in nannies until they left home. The judge expressed reservations about that and certain other aspects of the legal action.

However yesterday morning, following mediation talks, Mr Justice Kevin Cross was asked by Jonathan Kilfeather SC, instructed by Gillian O’Connor solicitor, of Michael Boylan Litigation, to approve the €1.5m offer.

 

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HSE apologises to Family over Father’s 2011 Death Due to Medical Misadventure

An apology was issued by the Health Service Executive (HSE) to the family of a man in relation to his death at St Luke’s Hospital in Kilkenny in 2011.

John Joseph Comerford was brought to the hospital in Kilkenny during March 2011 for hernia repair surgery. Unfortunately, the High Court was told, the 68-year-old passed away three days later in “very distressing circumstances”. An inquest into his death in 2014 returned a verdict of medical misadventure.

The family said that Mr Comerford was brought back to hospital two days following his hernia surgery with shortness of breath, abdominal pain and low blood pressure. A CT scan showed fluid in his abdominal wall and after the site of the operation was opened again, faecal smelling fluid was drained away from the area. When he was admitted to the intensive care unit, he suffered two cardiac arrests and passed away on 21 March 2011. As a result of his death, Mr Comerford’s family initiated a medical negligence case against the HSE. In the case liability was admitted by the HSE and the case was settled for an undisclosed sum.

An apology from the HSE on behalf of St Luke’s General Hospital was read out before the 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”.

Mr Comerford’s daughter Karen Brown, speaking outside the court, said she is happy the case has finished but is “disgusted” that it has taken this so long for this to be achieved. She said: “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 made a statement following the case and described his father as an keen gardener who came to Ireland from the UK to retire in the late 1990s. He said his dad was very fond of the allotments and carried on 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 in court on the day, had to move back to the UK since her husband’s death to be nearer to her children. he 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.”

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Cancer Patient (67) Died After Discharging Herself from Overcrowded Mater Hospital

At Coroner’s Court in Dublin an inquest has heard how a 67-year-old cancer patient  died four days after she was permitted to discharge herself from the Mater Hospital due to overcrowding.

Family members, speaking following the inquest, said their mother, Elizabeth Leavy from Montpellier Road, Dublin 7 was left waiting on a hospital trolley for six hours. They, the family members stayed alongside her all evening but they were not aware her condition was so serious.

Her daughter Joy, speaking about the events at the Mater Hospital, said: “She was left in the hallway beside the bins. She was afraid, in pain, uncomfortable and she was hallucinating. She couldn’t stick it. We waited all night with her for test results and they told us she was okay. If we had of known they wanted to do more research we would’ve made her stay. She was left on a trolley in a hallway for six hours, a cancer patient, she’d had enough.

She described the pivotal role and position that her late Mother played in their family: “She was bubbly, fun, she saw the good in everyone and everything.”

Mrs Leavy. a mother-of-eight, who was first diagnosed with oral and bowel cancer in 2017, passed away four days after she discharged herself from the hospital. She was discovered at her home in an unresponsive condition on the morning of January 22 2018.

The inquest was told the Mrs Leavy’s death was caused by cardio-respiratory arrest due to multi-drug toxicity. The woman had toxic levels of the opiate based pain medications Tramadol and Oramorph in her system, which had built up over time. A post-mortem report indicated that the woman’s cancer was not active but she had chronic inflammation of the liver due to the accumulation of medications.

Coroner Dr Myra Cullinane said: “These medications act centrally in the respiratory centre and it impedes your breathing. Your breathing stops and your heart stops and I think that is what happened that morning. The build-up of the medications in her system caused her death.”

Speaking in relation to the overcrowding at the hospital when Mrs Leavy was admitted Consultant in Emergency Medicine at the Mater Hospital Dr Tomas Breslin said: “Overcrowded conditions bring a higher risk of dying. Every nurse and doctor knows this is a massive problem for patients, it affects their care and their outcomes. I reviewed [Mrs Leavy’s] notes in detail. There were questions we didn’t know the answer to and that would have been the reason for keeping her in the department. That being said, you can understand why, when there is no clear issue, a person would decide to leave”.

The coroner returning a verdict of misadventure, said: “She’d gone through a lot of treatment and seemed to be doing well. It’s very tragic, she obviously had a loving and attentive family”.

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