‘Water on the Brain’ Birth Injury Girl Awarded 7 million Euros

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.