Meningitis Medical Negligence Claim Resolved at Court

by | Jun 3, 2014

A County Wicklow teenager´s meningitis medical negligence claim for compensation has been resolved after a High Court hearing at which her settlement of compensation was approved.

Laura Kavanagh (18) from Newtownmountkennedy in County Wicklow had fallen ill on 29 January 1998 at the age of thirteen months with a high temperature and severe fatigue. Her mother – Simone – had telephoned the surgery of Dr Frank Malone and Dr Paul Crean in Greystones in County Wicklow to communicate her daughter´s condition and had been told to keep an eye out for a rash.

Several hours later, Laura´s condition had deteriorated and Simone Kavanagh rang the surgery again – on this occasion speaking with Dr Crean, who said he would make a house call after surgery due to Simone not having transport available.

Three and a half hours later, Dr Crean arrived at the Kavanagh´s home and diagnosed a bowel infection. He left two suppositories and told Simone to call him back in the morning if Laura´s condition had not improved. The following day, Simone called the surgery requesting a home visit, but later cancelled the call as Laura seemed to be looking better.

However, the next morning Laura once again was very ill, and Simone was able to get an on-call doctor to visit straight away. He immediately admitted Laura to hospital, where she was diagnosed with severe meningitis.

As a result of the illness, Laura lost her hearing, and through her mother she made a meningitis medical negligence claim for compensation against Drs Malone and Crean, alleging that Dr Crean had failed to diagnose meningitis and that there had been a failure to attend Laura in good time, ensure proper care or any continuity of care.

The two doctors denied Laura´s meningitis medical negligence claim, however agreed a €5 million settlement of meningitis medical negligence compensation without admission of liability.

At the High Court in Dublin, Ms Justice Mary Irvine heard that if Laura had been admitted to hospital when Dr Crean misdiagnosed her condition as a bowel infection, it was likely that Laura would not have lost her hearing.

The judge was also told that after Laura lost her hearing, she learned to communicate through sign language and lip reading – but has a moderate intellectual disability. Ms Justice Mary Irvine approved the settlement of Laura´s meningitis medical negligence claim, saying that it would never give Laura the life she was meant to have.

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