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.