Injury Compensation News

The Health Service Executive (HSE) has issued a formal apology following the publication of the National Miscarriage Misdiagnosis Review.
The inquiry into miscarriage misdiagnosis was launched in June 2010, after Melissa Redmond from Dublin announced that she had given birth to a son, even though she was told that she had miscarried the foetus.
The report, which focused on twenty four cases that were misdiagnosed in June of 2010, revealed that twenty two of the women went on to give birth after having been told that they had miscarried, while the remaining two only miscarried after undergoing medical procedures to remove the foetus.
Further issues were identified in the report, which concluded that there was inadequate training of staff and an over-reliance on the use of ultrasound. In twelve of the twenty four cases, there had been no mandatory ultrasound training supplied at the time of the misdiagnosis and in a further six cases, the ultrasound machine that was used was more than five years old.
The chairman of the review, Professor William Ledger, explained that the twenty four cases of misdiagnosis occurred at the very early stages of pregnancy, when a medical practitioner placing too much dependency on ultrasound may have missed a minute heartbeat.
He continued – “Over-reliance on ultrasound to diagnose a miscarriage in very early pregnancy has been repeatedly highlighted since the introduction of the technique in the 1970s and we have made recommendations that caution against the use of ultrasound alone to detect a pregnancy before eight weeks gestation.”
When Melissa’s story broke and the review was announced last year, more than 400 women called helplines to seek advice and the HSE has only now issued an apology to those women and their families for the shortcomings in their care, and the distress that this will have caused them.

The Health Service Executive (HSE) has issued a public apology in the High Court, to the family of a Garda sergeant who died after giving birth to twins at Our Lady of Lourdes Hospital in Drogheda, County Louth.
Tania McCabe (34) of Termonfeckin, County Louth, was admitted to Our Lady of Lourdes Hospital in March 2007, after her waters broke when only six months pregnant. Tania was attended to by consultant obstetrician, Shane Higgins, who discharged her after only one night’s observation.
Tania went into labour and was re-admitted to Our Lady of Lourdes the following day, where she underwent an emergency Caesarean section to deliver her twin boys. One of the twins, Zach, had severe congenital abnormalities and died in Tania’s arms shortly after his birth. It was then discovered that Tania had suffered a post-partum haemorrhage and, despite emergency surgery, Tania died the following day
In an action brought by Tania’s widower, Aidan (41), her eldest son Ben (6) and the surviving twin Adam (4), it was claimed that the HSE and Shane Higgins were negligent in failing to properly diagnose his wife’s waters had broken, wrongfully discharging her from hospital and not diagnosing she was in septic shock when readmitted.
Liability was admitted by the defendants, and the case was brought before Mr Justice Iarfhlaith O’Neill in the High Court for assessment of damages only.
Mr Justice Iarfhlaith O’Neill approved an undisclosed settlement for husband Aidan, in respect of mental distress, shock, loss, damages and expenses. The two boys had settlements approved for 200,000 Euros each, and Tania’s mother, Barbara Corcoran, also had an undisclosed sum approved for her claim of nervous shock.

A woman, who developed cerebral palsy after her birth was needlessly delayed in 1984, has secured a 3 million Euro compensation settlement in the High Court. Lisa Carroll (27) from Killala, County Mayo, was born at the Mayo General Hospital in March 1984 several weeks overdue. A planned inducement had not occurred and Lisa’s mother had to carry her pregnancy into a forty-third week.
In the High Court, Mr. Justice John Quirk heard that after she was born, Lisa spent the first three weeks of her life in hospital, during which time she suffered three seizures which led to her current condition.
It was claimed that, had Lisa’s mother – Noreen – been admitted when her full term was reached, and tests carried out to ensure the health of the foetus, Lisa would not have suffered such traumatic injuries.
Expert witnesses stated that there was no justifiable reason for the delay in Lisa’s delivery, and although Lisa can communicate and attended mainstream school, she is confined to a wheelchair for life.
The award of 3 million Euros was made against the Mayo General Hospital and Health Service Executive without admission of liability.

Five year old Kate Murphy of Fethard, County Tipperary is to receive an interim compensation payment of 1.3 million Euros after South Tipperary General Hospital admitted failings during her delivery process.
In an action brought through Kate’s mother, Sarah Murphy, against the Health Service Executive, South Tipperary General Hospital and Raymond Howard – a consultant obstetrician/gynaecologist attached to the hospital – Mr. Justice John Quirke heard at the High Court how alleged negligence and a breach of duty had left Kate with serious brain injuries.
No exact details of the events that occurred in September 2005 were revealed in court, as the hospital had already admitted liability and the case was before Mr. Justice John Quirke for the settlement to be approved. However, it was made clear that the consequences of the hospital’s alleged negligence left Kate suffering from cerebral palsy and requiring lifelong care.
Approving the compensation settlement, Mr. Justice John Quirke commented that the inclusion of 450,000 Euros for general damages was grossly inadequate and “nothing could compensate” for the trauma experienced by Kate and her family. He then adjourned the case for two years on the basis that there was an agreement in place that future care costs would be covered by a system of periodic payments, once new legislation to cover such cases had been introduced.

A nine-year-old girl, who suffered devastating and permanent injuries due to the alleged failure of her physicians to treat her post natal hydrocephalus condition, is to receive a compensation settlement of 7 million Euros.
In a recent action against the Health Service Executive (HSE), the Holles Street National Maternity Hospital, County Dublin and Dr Dermot Stones of Ballybrack, County Dublin, the High Court heard how Jade Keane of Loughlinstown, County Dublin developed water on the brain in the weeks and months after her birth.
Suing through her mother, Gillian Keane, Mr. Justice Iarfhlaith O’Neil was told how Jade developed an abnormal accumulation of cerebrospinal fluid in the ventricles of the brain shortly after she was born. This accumulation of fluid created a build up of pressure inside Jade’s skull, which caused her head to enlarge.
At the time that mother and daughter were discharged from hospital in March 2011, Jade’s head circumference was recorded at 35cm; although it was claimed that hand-written notes existed that recorded the size at 39cm – a measurement which should have alerted doctors to conduct a review and plan a follow-up procedure.
Throughout the following weeks, Jade’s concerned parents took her to Loughlinstown Clinic on seven different occasions as well as attending their family GP – Dr. Stones – on three occasions. During this period the circumference of Jade’s head increased from 35cm to 47.5cm and, in June 2001 she was diagnosed with hydrocephalus and underwent emergency surgery at the Crumlin Children’s Hospital. As a result of the alleged late diagnosis, Jade has permanent brain injuries and will require permanent care for the rest of her life.
The court heard that negligence had been admitted in the case, but the cause of the injuries had been disputed. It was claimed by the HSE and the Holles Street National Maternity Hospital that Jade’s hydrocephalus could have been present prior to her birth and that her injuries were caused by a pre-existing condition.
The hospital admitted that Jade should have been reviewed by a doctor before her discharge and HSE admitted that action should have been taken when her head was observed to be outside the normal range by a public health nurse at the Loughlinstown Clinic, but both parties denied that the admissions amounted to actionable negligence.

Dr. Stones – the family GP – denied negligence and that Jade’s injuries were caused by a delay on his part. A separate hearing will be arranged to establish indemnity or a contribution towards the settlement, which was made solely against the HSE and the Holles Street National Maternity Hospital.
Approving an interim settlement of 4,75 million Euros, Mr. Justice Iarfhlaith O’Neil heard that an application was to be made to make Jade a ward of court.

A 1.35 million Euros interim settlement has been approved in the High Court by Mr. Justice John Quirk in the case of Luke Miggin of Athboy, County Meath, who suffered brain damage during his birth in 2006.
The court heard how Luke´s mother, Emily, was admitted to Mullingar General Hospital at 5.30am on the morning of February 26 2006 in preparation for Luke´s birth, under the care of consultant obstetrician Michael Gannon. It was claimed that Dr Gannon failed to take note of decelerations in the child´s heart rate during CTG traces throughout the day, which should have led him to conclude that delivery by Caesarean section was necessary. Instead, Dr Gannon waited until 3.30pm to order the administration of the labour-inducing drug Syntocin, and delivered Luke by forceps at 5.05pm that evening. Luke immediately required resuscitation and was transferred to the special baby care unit. Now 4 years of age, Luke has cerebral palsy, uses a wheelchair and will need 24-hour care for the rest of his life.
Liability was admitted by the Health Service Executive and consultant obstetrician Michael Gannon, and in approving the interim settlement, Mr Justice John Quirke stated that should legislation not be forthcoming within two years to deal with lifetime care in catastrophic injury cases, the case will be re-listed for further consideration.

In a High Court ruling, consultant obstetrician, Dr. Raymond Howard, was found liable for a 3.75 million euro compensation settlement, previously agreed in the case of Nicole Hassett of Clonmel, County Tipperary. Mr Justice Iarfhlaith O’Neill heard how Dr. Howard had delayed the birth of Nicole in 1997 with “absolutely no apparent reason”, causing her to suffer brain damage during the late stages of labour, and resulting in Nicole, now 13, suffering from cerebral palsy and being severely disabled.
The court was told how Dr. Howard was in St Joseph’s Maternity Hospital, Clonmel, from 12.15am on the morning of November 15. 1997, and should have delivered Nicole by 12.30am. However, he delayed the birth until 1.00am, during which time Nicole suffered the great bulk of her brain damage due to being left in the rigours of intense labour.
However, after hearing the circumstances of the “simply inexplicable” delay, Mr Justice Iarfhlaith O’Neill ruled the HSE was entitled to be indemnified by Dr Howard due to his failure to adequately perform his duties and his breach of duty of care towards the child which was the proximate cause of her injuries.
The original court action was brought through Nicole’s mother, Orla, in 2005, and settlement was agreed against the South Eastern Health Board (now the Health and Safety Executive – HSE) with Dr. Howard and the UK-based Medical Defence Union as third parties.

Mr. Justice John Quirke has approved a 4.5 million Euros High Court settlement in the birth injury case of Jessica O´Brien of Fermoy, County Cork, against the Holles Street National Maternity Hospital in Dublin. In the claim against the hospital, it was alleged that Jessica´s mother was referred to Holles Street National Maternity Hospital for the birth of her daughter in May 1993, after a scan at her local hospital revealed that the foetus was experiencing digestive problems. Jessica was born the day after the transfer, but suffered brain damage during the delivery due to a lack of oxygen.

It was alleged in the claim against Holles Street National Maternity Hospital that medical staff failed to properly monitor Jessica´s heart rate in the period immediately before her delivery – something they should have done automatically, as they were aware that the delivery was high-risk and in danger of hypoxia during the birth. The court heard evidence that Jessica, now 17 years of age, will need care for the rest of her life. She frequently has to use a wheelchair and suffers from a speech defect for which she is receiving therapy. Jessica´s mother also told the court that she had approached a legal company many years previously, but had been told that her daughter did not have a case. The hospital denied the claims and the settlement was approved without admission of liability. Mr. Justice John Quirke ordered that the settlement be paid into court and will be used for Jessica´s future benefit. As with all compensation claims for child injury, a court must approve an award before payment is made.

A seven year old girl, brain damaged at birth due to a delayed delivery, has had an initial settlement of 2 million Euros approved in the High Court by Mr Justice John Quirke. Brid Courtney of Ardfert, County Kerry, cannot speak, is confined to a wheelchair and only able to communicate by using facial expressions. She sued the Health Service Executive (HSE) through her mother, Mrs Deirdre Courtney.

It was alleged that at the time of Brid´s birth in February 2003, nursing staff at Tralee General Hospital in County Kerry failed to act when there was a sudden and dramatic change in the foetal heart rate pattern. When labour was induced and the baby delivered after almost an hour´s delay, Brid was not breathing and an emergency team of doctors had to resuscitate her. She was subsequently diagnosed with cerebral palsy. The court heard that despite being completely dependent on her parents, Brid was a “joyous, happy child” and was intellectually sound with a normal IQ of 106. Even though her profound physical disabilities will prevent her from enjoying a normal childhood and shorten her expected lifespan, the court was told that Brid “communicates in a humorous way with everybody around her”.

The settlement was reached with no admission of liability by the HSE, and was made under the new “periodic payments system” which means that the case will return to the High Court in November 2012 to determine how much Brid´s family should receive to fund her future care. Again, she will be represented by her mother and, as with all child injury claims, have to have any compensation settlement approved by court.
As he was officially approving the compensation settlement, Mr Justice John Quirke praised Mr and Mrs Courtney for the years of care they had given their daughter. He told the court: “It’s very inspiring to the rest of us to see what you’ve done. It really is remarkable.”

Mister Justice John Quirke has approved a partial settlement of €2m in the High Court for Brid Courtney of Ardfert, County Kerry,  who suffered a brain injury during her birth.

The birth injury occurred at Tralee General Hospital and the case was taken against the Health Services Executive (HSE), which agreed to the settlement without admitting liability.

It was alleged that the hospital failed deliver the baby as quickly as possible, causing the baby to suffer brain damage. It was also alleged that the hospital failed to take into account a sudden change in the foetal heart rate pattern.

The case was brought for Brid Courtney by her mother Deirdre Courtney.  The settlement is a partial payment and the case by adjourned.