All Posts Tagged: Compensation for the Failure to Recognise Complications

Judge Approves Settlement of Compensation for Birth Brain Injuries

A High Court judge has approved a $15 million settlement of compensation for birth brain injuries due to alleged negligence in favour of a nine-year-old boy.

At the High Court, Mr Justice Kevin Cross was told the nine-year-old boy was born at Cork University Hospital at 9:00pm on August 11th 2008 after allegedly showing signs of foetal distress throughout the day. Among the alleged errors made by hospital staff prior to the boy´s delivery there had been a failure of skill in clinical history taking, and in the examination of the baby and his mother.

It was also alleged there had been an unreasonable delay in acting upon a CTG trace that indicated a variable decline in the foetal heart rate. As a result, it was claimed, the boy suffered brain birth injuries. Due to cerebral palsy and epilepsy, the boy suffers daily seizures, has visual and cognitive impairments, is confined to a wheelchair and requires full-time care. He will never be able to live independently.

Soon after the boy´s birth, his parents claimed compensation for birth brain injuries against Cork University Hospital and the HSE. Liability was eventually admitted in February last year after an eight-year wait, during which time the boy´s parents provided the majority of his care due to community services in Kerry being “almost non-existent” the boy´s mother told Judge Cross.

Prior to the judge approving the settlement of compensation for birth brain injuries, a statement was read to the family by representatives of Cork University Hospital, in which the hospital apologized for the errors that led to the boy´s brain injuries. The boy´s mother also read a statement to the court in which she described her son as a very happy boy who like being out on the fresh air.

Approving the settlement of compensation for birth brain injuries, Judge Cross ordered €720,000 of the settlement to be paid to the boy´s parents as special damages and the remainder to be paid into court. The judge said it was a very good settlement, and he wished the boy and his family well for the future.

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Settlement of Compensation for Brain Damage at Birth Approved in Court

A €15 million lump sum settlement of compensation for brain damage at birth has been approved at the High Court in favour of a ten-year-old boy.

The boy was born by emergency Caesarean Section at Kerry General Hospital on May 25th 2006 following a catalogue of errors by hospital staff. Among a series of systematic failures resulting in the boy´s delivery being avoidably delayed by two hours, the consultant obstetrician was not made aware of a worrisome heart-rate pattern, the possibility of foetal hypoxia was not considered, and no action was taken on a CTG trace indicating foetal distress.

Due to the avoidable delay, the boy suffered devastating brain damage and was diagnosed with mixed dyskinetic spastic cerebral palsy. Now ten years of age, he requires 24-hour care, cannot speak and is confined to a wheelchair. To exacerbate the boy´s injuries, the HSE failed to admit liability for nine years, during which 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 early last year after being threatened with aggravated damages, and an interim settlement of €2.7 million compensation for brain damage at birth was rushed through the courts. Yesterday the family was back in court for the approval of a final lump sum settlement of compensation for brain damage at birth amounting to €15 million – an amount that was described as “commercial common and legal sense” by presiding judge Mr Justice Peter Kelly.

Approving the settlement, Judge Kelly paid tribute to the boy´s parents for the care of their son, and 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.

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Claim for Birth Injuries against Sligo General Hospital Heard in Court

A claim for birth injuries against Sligo General Hospital has been heard in the High Court ahead of the approval of an interim settlement of compensation.

In May 2010, the boy – on whose behalf the claim for birth injuries against Sligo General Hospital was made – was born by emergency Caesarean Section, more than two hours after a CTG trace had indicated he was suffering foetal distress in the womb. Due to the avoidable delay, the boy was starved of oxygen and now – six years of age – he suffers from cerebral palsy.

Although the boy has since moved to Canada, he made a claim for birth injuries against Sligo General Hospital through his mother. On behalf of Sligo General Hospital, the Health Service Executive (HSE) quickly acknowledged responsibility for the boy´s cerebral palsy injury and negotiations began to settle the claim. During mediation, HSE personnel not only apologised for a failure in its duty of care, but explained to the boy´s parents how the failure occurred.

Eventually it was agreed that the boy should receive an interim compensation settlement of €740,000 to cover the costs of his past care and the care he will need over the next five years. However, as the claim for birth injuries against Sligo General Hospital had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in the boy´s best interests.

The approval hearing took place at the High Court, where Mr Justice Kevin Cross was told the circumstances surrounding the boy´s birth and the details of the settlement negotiations. As well as praising the boy´s parents for the care they had provided him with over the past six years, he commended the HSE for its attitude in the case.

Commenting that an apology and an explanation was “absolutely something to be encouraged”, Judge Cross approved the interim settlement of cerebral palsy compensation and adjourned the claim for birth injuries against Sligo General Hospital for five years. In five years, once assessments have been conducted to evaluate the boy´s future needs, the family hope that the option of a structured payment system will be in place to ensure their son´s financial security.

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Claim for Undiagnosed Complications during Pregnancy Heard in Court

A claim for undiagnosed complications during pregnancy that resulted in a child suffering spastic diplegic cerebral palsy has been heard at the High Court.

The claim for undiagnosed complications during pregnancy was bought by the child´s mother against the Health Service Executive (HSE) and Cork University Maternity Hospital after her son – one of twin boys born on 5th October 2010 – was diagnosed with spastic diplegic cerebral palsy.

The High Court heard that a scan conducted in June 2010 revealed a low-lying placenta, and that a second scan in September 2010 indicated there was a risk of vasa praevia – a pregnancy complication in which babies blood vessels cross or run near the internal opening of the uterus.

It was alleged in the court action that the Cork University Maternity Hospital should have conducted a more specific scan in September 2010 to address the risk of vasa praevia, and that the hospital demonstrated a failure to exercise reasonable care at the antenatal stage of the pregnancy.

As a result of the alleged negligence, one of the twins suffered foetal distress in the womb. He now suffers from spastic diplegic cerebral palsy, resulting in mobility and cognitive difficulties. Despite being flown to Missouri for Selective Dorsal Rhizotomy to help him walk for the first time, he requires a walker or a wheelchair whenever he gets tired or ill.

At the High Court the HSE testified it was not normal practice to carry out a second scan to address the risk of vasa praevia and that it contested liability in the claim for undiagnosed complications during pregnancy. However, the court also heard that the HSE had agreed to an interim settlement of compensation for spastic diplegic cerebral palsy amounting to €1.98 million.

After hearing that the boy – now six years of age – had won a National Children of Courage Award in 2014, and that the funds will be used to provide him with greater access to private physiotherapy, speech, language and occupational therapy, the interim settlement was approved. The case will return to the High Court in five years after the boy´s future needs have been assessed.

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Compensation for the Failure to Administer Antibiotics Approved at Court

An interim settlement of €2.4 million compensation for the failure to administer antibiotics has been approved in favour of a five-year-old brain damaged boy.

Eoghan Dunne from Tullamore in County Offaly was just eleven months old when, on 3rd August 2012, he was admitted to Portiuncula Hospital in Ballinasloe suffering from a fever, breathlessness and lethargy.

Due to his high heart rate and “severe respiratory distress”, Eoghan was transferred to the Temple Street Children´s Hospital in Dublin. He subsequently suffered septic shock and a cardiac arrest. During the cardiac arrest, Eoghan´s brain was starved of oxygen and suffered major neurological damage.

Now five years of age, Eoghan suffers from epilepsy, cannot walk or talk and is visually impaired. He will need twenty-four hour care for the rest of his life.

Following a review of his treatment, Eoghan´s parents claimed compensation for the failure to administer antibiotics when their son was first admitted to the Portiuncula Hospital. It was alleged that, had Eoghan been given antibiotics at the time, the septic shock would not have occurred.

The Portiuncula Hospital and the Health Service Executive denied liability for Eoghan´s injury until earlier this week. An interim settlement of compensation for the failure to administer antibiotics was agreed, and presented to Mr Justice Kevin Cross at the High Court for approval.

At the approval hearing, Judge Cross was told that the hospital was ill-prepared for Eoghan´s admission – despite being forewarned by the family´s GP – and had ignored HSE guidelines for the treatment of sepsis. The court also heard how it there had been “difficulty identifying competent staff to transfer him”.

Judge Cross approved the interim settlement of compensation for the failure to administer antibiotics, commenting that it would be helpful if the HSE admitted liability in such cases so that families such as the Dunne´s did not have to resort to litigation in order to get justice.

Outside the court, Eoghan´s father – Ronan Dunne – echoed Judge Cross´ words when he told reporters Eoghan had lost out on possible therapy and treatment for his injuries at “a vital developmental stage” because of the HSE´s reluctance to admit liability in the case.

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Judge Approves Interim Settlement of Compensation for Injuries due to a Mismanaged Birth

A High Court judge has approved a €1.75 million interim settlement of compensation for injuries due to a mismanaged birth in favour of a two-year-old boy.

The claim for compensation for injuries due to a mismanaged birth was brought on behalf of Charlie Enright, whose mother Catriona was admitted to the Midwestern Regional Maternity Hospital in Limerick on 19th August 2013 when she was thirty-seven weeks pregnant.

The decision was made to induce labour and Catriona was administered Syntocinon. However, the labour-accelerating drug caused Charlie to suffer hyper-stimulation in the womb and his foetal distress was not recognised until after he had sustained an intra-cranial haemorrhage.

Charlie was born the following unable to breathe independently and was transferred to Cork University Hospital for therapeutic hypothermia treatment. Unfortunately the brain damage had already occurred and Charlie is now permanently disabled.

After seeking legal advice, Catriona claimed compensation for injuries due to a mismanaged birth on behalf of her son. The Health Service Executive (HSE) conducted an investigation into the circumstances surrounding Charlie´s birth and admitted liability for his injuries.

A €1.75 million interim settlement of compensation for injuries due to a mismanaged birth was agreed to pay for Charlie´s care and medical costs for the next two years; but, as the compensation claim had been made on behalf of a child, the interim settlement had to be approved by a judge to ensure it was in Charlie´s best interests.

The approval hearing was held earlier this week at the High Court, where Mr Justice Anthony Barr was given details of the lack of care that led to Charlie´s birth injuries. Judge Barr approved the interim settlement of compensation for injuries due to a mismanaged birth and adjourned the hearing for two years.

In two years´ time, the likelihood is that Charlie and is mother will have to attend court for the approval of another interim settlement of compensation for injuries due to a mismanaged birth, unless a system of periodic payments is introduced that will ensure Charlie´s care for the rest of his life.

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Compensation for a Patient in a Coma Approved at the High Court

A €550,000 interim settlement of compensation for a patient in a coma due to alleged medical negligence has been approved at a hearing of the High Court.

In October 2011, seventy-one year old Robert Bolton – a former funeral director and talented musician – underwent surgery at St James Hospital in Dublin. The surgery on Robert´s oesophagus was initially considered successful. However, the following morning James suffered a heart attack due to a respiratory failure caused by sepsis.

Robert was moved to the intensive care unit of the hospital, where his condition deteriorated and he suffered a hypoxic ischaemic brain injury. He has been in a coma ever since – oblivious to the presence of his family and unable to communicate. Robert now relies of twenty-four hour specialist care to provide his basic needs.

Robert´s wife – Angela – engaged a solicitor to investigate the standard of care Robert had received after his surgery and throughout his stay in the intensive care unit. She subsequently claimed compensation for a patient in a coma on her husband´s behalf, alleging that the hospital had failed to diagnose Robert´s sepsis or identify that he was suffering from organ failure as a result.

The hospital contested the claim, but acknowledged that there had been failings in the standard of care. A €550,000 interim settlement of compensation for a patient in a coma was negotiated to ensure that Robert receives the care he needs for the next two years – after which a final settlement of the claim will be determined.

As the claim for compensation for a patient in a coma had been made on behalf of a plaintiff unable to represent themselves, the case went to the High Court for an approval hearing before Mr Justice Kevin Cross. Judge Cross was told the circumstances of Robert´s heart attack, its probable cause, and the consequences of his condition to his wife and family.

After Angela told Judge Cross the family was happy that Robert´s care would be provided for, the judge approved the interim settlement of compensation for a patient in a coma – commenting that the interim settlement was clearly the result of hard bargaining. The judge then closed the approval hearing, wishing Angela and her family all the best for the future.

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Settlement of Medical Negligence Claim against the Rotunda Hospital Approved

A judge at the High Court has approved a €3 million interim settlement of a young boy´s medical negligence claim against the Rotunda Hospital.

On 20th February 2004, Mohammad Daud Assad was delivered by emergency C-Section at the Rotunda Hospital in Dublin after a deterioration in his foetal heart rate had been identified. Tragically Mohammad was deprived of oxygen in the womb and needed resuscitating after his birth.

Mohammad now suffers from cerebral palsy, is unable to speak and has both physical and mental disabilities. Although he attends a mainstream school, Mohammad will require full-time support for the rest of his life.

Mohammad´s mother – Alia Muryem Assad from Ballyfermot in Dublin – made a medical negligence claim against the Rotunda Hospital, alleging that there had been a delay in summoning an obstetrician after the deterioration of Mohammad´s heart rate had been identified and, as a result, the C-Section operation was avoidably delayed.

It was also alleged in the medical negligence claim against the Rotunda hospital that the hospital had failed to properly assess Alia on her admission into the hospital and consider the possibility of a placental function failure as she was ten days overdue. Alia arrived at the hospital at 9:00am in the morning, but Mohammad was not born until 10:30pm that evening.

At the High Court in Dublin, Mr Justice Kevin Cross was told that liability for Mohammad´s birth injury had only been acknowledged within the last two weeks. He also heard that an amount of €3 million compensation had been agreed as an interim settlement of the medical negligence claim against the Rotunda Hospital.

Judge Cross approved the interim settlement of the claim, commenting that the way in which the extended family had rallied round to help Mohammad´s parents “restored one´s faith in humanity”. The judge then adjourned the medical negligence claim against the Rotunda Hospital for six years, when an assessment of Mohammad´s future requirements will be carried out.

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Claim for the Death of a Child due to Medical Misadventure Heard in Court

The €70,000 settlement of a compensation claim for the death of a child due to medical misadventure has been approved at the High Court.

On 20th November 2012, Fiona Watters attended the Cavan General Hospital in the later stages of her first pregnancy. Fiona was admitted to the hospital and, at 10:30am on the morning of 22nd November, her waters broke. Under the care of consultant obstetrician Dr Salah Aziz, Fiona was administered Prostiglandin to accelerate her labour.

The dosage of Prostiglandin was increased throughout the day and, at 9:30pm that evening, a natural birth was attempted. Despite pushing for an hour the baby´s head was still not visible and the duty midwife called Dr Aziz to advise him the indications were that the infant was suffering foetal distress.

Dr Aziz attempted to organize a C-section delivery, but discovered that the only out-of-hours theatre at the hospital was occupied. A forceps delivery and a vacuum delivery were both attempted unsuccessfully, and Fiona had to wait until the out-of-hours theatre became available in order to deliver her son.

When Jamie was born, he was in a very poor condition. He was resuscitated and transferred to the special care baby unit at the Rotunda Hospital. Tragically Jamie died in his mother´s arms two days later.

An investigation was launched into the cause of baby Jamie´s death, but the report subsequent to the investigation was quashed by the High Court in August 2013 following Dr Aziz´s assertions that investigators from the Health Service Executive had not conducted the investigation according to the correct procedures.

Having received an advanced copy of the report, Fiona and her partner – Francis Flynn – sought legal advice and made a compensation claim for the death of a child due to medical misadventure. The Health Service Executive failed to accept liability for Jamie´s death until July 2014, and subsequently commissioned a second investigation into his death.

In December 2014, an inquest into Jamie´s death confirmed that he had died due to medical misadventure. The coroner attributed the increase in the administration of Prostiglandin, Dr Aziz´s failure to inform the hospital registrar that the drug had been administered, and the lack of a second out-of-hours theatre at the hospital being causative events.

Following the coroner´s verdict, the solicitor representing Fiona and Francis negotiated a settlement of the compensation claim for the death of a child due to medical misadventure with the State Claims Agency. Due to the traumatic circumstances of Jamie´s birth and the protracted nature of the investigations into Jamie´s death, the settlement amounted to €70,000.

As the settlement of the claim for the death of a child due to medical misadventure had to be approved by a judge before the case could be closed, the circumstances of Jamie´s birth and the subsequent delays experienced by the family were related to Mr Justice Richard Humphreys at the High Court. Judge Humphreys approved the settlement, stipulating that €5,000 should be paid into court funds for the benefit of Fiona and Francis´ daughter when she becomes a legal adult.

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Settlement of Compensation for the Misdiagnosis of Meningitis Approved

A settlement of compensation for the misdiagnosis of meningitis has been approved for a widow told her husband´s condition was due to constipation.

Philip Morrissey from Kilkenny visited his GP on 26th May 2010 complaining of headaches, a high temperature and an earache. He was referred to the A&E Department of St Luke´s Hospital and admitted after being found to have a high pulse rate and an intolerance to light.

Six hours after his admission, Philip´s wife – Gail – noticed that he was drowsy and disorientated. She raised her concerns with the hospital staff, but was told that Philip´s condition was due to him being constipated.

However, the following morning – two days before his fortieth birthday – Philip was found dead in his hospital bed having suffered a cardiac arrest. The cardiac arrest was later attributed to streptococcal pneumonia meningitis.

After seeking legal advice, Gail claimed compensation for the misdiagnosis of meningitis – alleging that there had been a failure to consider that meningitis was the cause of Philip´s symptoms, and that there had been no adequate attempt made to diagnose his condition and treat it.

An investigation into Philip´s death revealed that he had not been seen by a hospital doctor since 3:40pm the day before his death. The Health Service Executive (HSE) admitted liability and a settlement of compensation for the misdiagnosis of meningitis was negotiated amounting to €455,000.

Due to the nature of Philip´s death, the settlement of compensation for the misdiagnosis of meningitis had to be approved before the claim could be resolved. The approval hearing was held earlier this week at the High Court before Mr Justice Michael Hanna.

At the hearing, Judge Hanna was told the circumstances of Philip´s admission into St Luke´s Hospital and the treatment Philip received. The court also heard a statement read out to Philip´s family apologising for the standard of care he had received at the hospital.

Judge Hanna subsequently approved the settlement of compensation for the misdiagnosis of meningitis – saying that the family had suffered a “huge tragedy” and, while the compensation settlement could never make up for Philip´s loss, it was the best the law could do.

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