Medical Negligence News

Legal Expert: 1,000 Deaths Due to Medical Errors Annually

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Roger Murray, joint Managing Partner at Callan Tansey solicitors – speaking at a conference on medical negligence with solicitors, medical professionals and patients in attendance in September – said that roughly 1,000 unnecessary deaths are caused every year in Ireland due to medical negligence.

The legal expert went on to add that up to 160,000 hospitals visitors suffer injuries due to human error. Mr Murray was speaking at the Pathways to Progress conference on medical negligence and stressed that there is “no compo culture” to be seen when it comes to Irish medical negligence compensation legal cases, saying that he believes that what we are seeing currently is just “the top of a very murky iceberg”.

From his experience in working on a number of high-profile medical error compensation cases,  Mr Murray said that he believes that not all people suffering due to medical negligence report it while the HSE is made aware of 34,170 “clinical incidents” every year. Of these 575 resulted in compensation claims against the HSE, a rate of less than 1.7 per cent.

Mr Murray told those at the conference that the most often experienced cases are involving surgery (36 per cent) medicine (24 per cent), maternity (23 per cent) and gynaecology (7.5 per cent).

He also stressed that while injured parties and families do have empathy for medical workers who make errors what “they cannot abide is systemic and repeated errors”.

The legal expert called for thorough reviews when mistakes are experienced, saying that he had witnessed many inquests where families of those who had died learned that desktop reviews had been completed after a death, and the results were not presented to the appropriate staff members.

Compensation for the Misdiagnosis of Meningitis Approved in Court

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A settlement of compensation for the misdiagnosis of meningitis has been approved at the High Court in favour of a fifteen-year-old girl from County Cork.

The young girl was just three years of age when, on the morning of 10th July 2005, her concerned parents called the South Doc out-of-hours doctor´s service in Cork to expressed concerns about their daughter´s condition. As she was suffering from a rash on her stomach, a high temperature, drowsiness and vomiting, her parents were told to bring the girl into the medical centre.

Arriving at 5:00am, the girl was examined by Dr Leon Britz, who diagnosed tonsillitis and told the family to go back home. However, within a few hours, the young girl´s condition deteriorated and her parents brought her back to the medical centre at 9:30am when she was examined by another doctor who diagnosed meningitis.

The girl was taken to the Emergency Department of Cork University Hospital, where antibiotics were administered before she was transferred to Our Lady´s Children´s Hospital in Crumlin. Tragically, the girl had to have both legs amputated below the knee and subsequently underwent 132 operations to resolve other health issues that could have been avoided if her condition had been correctly diagnosed initially.

Through her mother, the girl claimed compensation for the misdiagnosis of meningitis against Dr Britz and South West Doctors on Call Ltd – alleging that she had suffered “profound consequences” as a result of the initial misdiagnosis. Had antibiotics been administered at an earlier stage, it was alleged, many of the consequences of her condition could have been avoided.

Liability was admitted by the defendants, and a settlement of compensation for the misdiagnosis of compensation amounting to €5.6 million was agreed between the parties. As the claim had been made on behalf of a legal minor, the settlement of compensation for the misdiagnosis of meningitis had to be approved by a judge to ensure it was in the girl´s best interests.

At the approval hearing at the High Court in Dublin, Mr Justice Kevin Cross was told the sequence of events on 10th July 2005 and of the “profound consequences” suffered by the girl. After hearing the girl was doing well at school and just about to sit her Junior Cert exams, Judge Cross approved the settlement of compensation for the misdiagnosis of meningitis – praising the girl´s parents for the care they had provided for their daughter.

Girl Receives Compensation for Psychological Abuse at Creche

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A young girl has received €23,000 in compensation for psychological abuse she suffered while attending creche at the Giraffe Childcare and Early Learning Centre.

Towards the end of 2012, a young girl attended the Giraffe Childcare and Early Learning Centre in Stepaside, County Dublin. During her time in the “Toddler’s Room” at the creche, her parents were alarmed at their child’s distress about attended the creche, and they claimed that she would cry “No creche. No creche” each morning as they were preparing to drop her off. Their concerns increased when she started showing signs of anxiety and distress. Furthermore, it was claimed that when she returned in the evening, she was lethargic and experienced disturbances to her sleep pattern.

Her mother brought her concerns to her daughter’s carer in the facility. The carer told the girl´s mother she was receiving an appropriate level of care under her supervision and there was no reason to be concerned.

Several months after noticing the change in their daughter’s behaviour, the RTE documentary “A Breach of Trust” showed the same carer abusing children at the creche. Distraught, the girl´s parents sought legal counsel, and claimed compensation for the abuse of a toddler at a creche on the grounds she had suffered stress and emotional upset due to the negligence of the creche and the creche´s failure to adequately supervise its staff.

The creche initially denied liability, and in July 2015, an offer to settle the claim for €15,000 without an admission of liability was made. As the girl was a minor at the time of the incident, the offer went to the Circuit Court for approval to ensure that it was in the girl’s best interests. However, the case was thrown out by Judge James O´Donohue, who said the proposed settlement of compensation for the abuse of a toddler at a creche was inappropriate in relation to the level of injury the girl was alleged to have suffered.

The two parties entered negotiations, a new offer of settlement for €23,000 was made. Details of the offer and the circumstances of the girl´s injury were related to Mr Justice Raymond Groarke at the Circuit Civil Court earlier this week and – after he was assured there was no serious risk to the young girl´s future psychological development – the judge approved the settlement of compensation for the abuse of a toddler at a creche.

French Drug Manufacturer Faces Class Action Over Birth Defects

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Birth defect claims have started to be filed against French manufacturer of Epilim, by parents whose unborn children were exposed to toxic chemicals in the womb.

Depakine was introduced into France in the 1960s as an anti-epilepsy drug. Eventually, it started to be introduced into Ireland under the trade name Epilim. The drug has also been prescribed to treat bipolar disorder, migraine and other chronic pain conditions. The active ingredient in the sodium valproate-GABA-stabilises electrical activity in the brain.

However, when taken by woman during pregnancy, the sodium valproate is broken down into valproic acid. When this molecule enters the bloodstream, it can cause serious health issues to unborn children. The birth defects, generally called “foetal valproate syndrome”, take the form of a range of congenital and development issues including autism and spina bifida.

The risks of foetal valproate syndrome due to taking Epilim during pregnancy were first identified by doctors in the 1980s. However, the evidence was considered not sufficiently conclusive of a link between the drug and the abnormalities, The link was allegedly hidden to prevent “fruitless anxiety” in parents who were taking the drug. Sanofi later informed the medical profession of the risks in 2006, but did not provide much information on the adverse health effects.

Only recently has France’s National Agency for the Safety of Medicines (ANSM) looked deeper into the birth defect claims against Sanofi, and the agency has just published a report revealing that up to 4,100 children were born between 2007 and 2014 with “severe malformations” due to their mothers having taken the French version of Epilim. It also recognised that the drug caused hundreds of children to die in the womb.

The report has prompted the children´s parents to seek legal counsel. They formed a class action making birth defect claims against Sanofi on the grounds that the drug manufacturer failed to adequately advise the medical professional of the risks associated with Epilim or print warnings on the packets of the drugs. The French government has also got involved and is discussing a compensation package.

In Ireland, Epilim is still sold without a warning on the packet, and it is not known how many children have been diagnosed with foetal valproate syndrome due to being exposed to valproic acid in the womb. If a family member has been affected by this issue, and you would like to know more about birth defect claims against Sanofi, please do not hesitate to speak with a solicitor.

HSE Finally Admits Liability for Birth Injury Claims

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The HSE has finally admitted liability for a birth injury case in which a series of errors around a baby boy’s birth left him with a debilitating disability, after nearly a decade of denying fault.

The boy was born by emergency Caesarean Section at Kerry General Hospital on May 25th 2006. The hospital staff in charge of his birth committed a series of grave errors surrounding his birth. The baby boy´s delivery being delayed by two hours, depriving him of oxygen in the womb. Furthermore, despite an abnormal heart-rate pattern being observed, the consultant obstetrician was not informed. The possibility of foetal hypoxia was not considered by hospital staff, and no action was taken on a CTG trace indicating foetal distress.

Due to oxygen deprivation, the baby suffered devastating brain damage. He was diagnosed with mixed dyskinetic spastic cerebral palsy, a devastating disability. The boy (now ten years of age) requires 24-hour support from his parents, He us unable to speak or walk, and must always use a wheelchair. To exacerbate the family’s suffering, the HSE failed to admit liability for nine years. The boy´s family were forced to care for him relying entirely on their own resources, without the support they were entitled to from the state.

The HSE finally liability early last year after the family’s legal team threatened them with aggravated damages. After initial negotiation, an interim settlement of €2.7 million compensation for brain damage at birth was rushed through the courts. Recently, the family was back in court for the approval of a final lump sum settlement of compensation for brain damage at birth amounting. The two parties had agreed that €15 million was a sufficient sum. The judge presiding over the case described this as an amount that was described as “commercial common and legal sense”. 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.

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, but 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.

HSE Pays Compensation to Boy’s Family in Erb’s Palsy Case

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The HSE has paid compensation to a boy who suffers from Erb’s palsy as a result of medical negligence surrounding his birth.

The six-year-old boy was born via a natural delivery on 22nd March 2010 at Kerry General Hospital despite his mother having requested a birth by Caesarean section because of his size in the womb. During the delivery process, the boy´s shoulder got trapped in the birth canal and he had to be extracted with the assistance of a vacuum cup.

Due to the force applied to free his shoulder, the boy suffered a brachial plexus injury and has since been diagnosed with Erb´s palsy. Due to his birth injury, the boy has a weak right arm that will permanently affect him for the rest of his life. After seeking legal advice, the boy´s father made a claim for an Erb´s palsy birth injury against the HSE on his son´s behalf.

The Health Service Executive (HSE) initially denied liability for the boy´s birth injury but after a period of negotiation agreed to a €530,000 settlement of the claim for an Erb´s palsy birth injury without an admission of liability. As the claim had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in the child´s best interests.

Consequently at the High Court in Dublin, Mr Justice Kevin Cross was told that the boy had been identified as a big baby two months before his birth and that his mother had requested a Caesarean section delivery on two consultations and again when she was admitted to Kerry General Hospital in labour.

Judge Cross also heard that the boy attends mainstream school, has learned to write with his left hand and is very good at maths. An expert witness testified that the boy is unable to tie shoes or close buttons and will struggle at sports, after which the judge approved the settlement of the boy´s claim for an Erb´s palsy birth injury against the HSE and wished the family well for the future.

Court Approves Compensation for Delayed Caesarean Section

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The High Court has approved a €1.35 million settlement for a young boy who suffered serious birth injuries after a hospital’s failure to operate on his mother.

The claim for medical negligence compensation was made on behalf of a child from Bantry, Co. Cork. Born in March 2010 at the Cork University Maternity Hospital, the boy sustained severe birth injuries after an alleged failure to correctly interpret the results of a CTG scan. The scan showed that the boy was suffering from foetal distress syndrome.

As the staff did not believe the foetus was in danger, there was a delay in performing a Caesarean section. Consequently, the boy suffered from a lack of oxygen and contracted hypoxic ischaemic encephalopathy in utero. He was born with severe brain damage.

The boy, now six years old, is blind and unable to speak. He also suffers from daily seizures and is reliant on round-the-clock care. His parents and extended family provide constant care, and he receives additional support from the Jack and Jill Foundation.

Acting on her son’s behalf, the boy’s mother made a claim for medical negligence compensation against the Health Service Executive (HSE). Though the HSE denied the allegations of negligence, they agreed to pay an interim settlement of compensation of €1.35 million without admitting liability. The settlement allows for an assessment of the boy’s condition and future care needs.

As the claim was made on behalf of a minor, the settlement had to be approved in court before it could be awarded. At the High Court in Dublin, Mr Justice Kevin Cross was told of how hard it was for the boy’s family to get compensation for the delayed Caesarean section, and of their relief that the process was over. Wishing the family the best for the future, Judge Cross approved the settlement and adjourned the case for three years.

Child Compensated for Medical Negligence During Mother’s Pregnancy

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A six-year-old boy, who sustained severe injuries at birth due to a failure to diagnose his mother’s vasa praevia, has been awarded a €1.98 million interim settlement of compensation by the High Court of Dublin.

In October 2010, the young boy and his twin brother were delivered by emergency Caesarean Section at Cork’s University Maternity Hospital by an emergency Caesarean Section. Whilst the boy’s older brother was delivered healthy, the boy in question had suffered from foetal distress syndrome and was quite weak when he was born. Shortly afterward, he was then diagnosed with spastic diplegia cerebral palsy.

The twins’ mother, acting on behalf of her disabled son, made a claim for medical negligence compensation for the failure to diagnose vasa praaevia complications during her pregnancy. Vasa praevia is a condition in which the foetal blood vessels are near the internal uterine opening, putting them at risk of rupturing during labour. The mother, who has remained anonymous but is known to live in Midelton, Co. Cork, alleges that earlier scans showed one of the placentas lay quite low in the womb, a critical risk factor for vasa praevia.

However, neither the Health Service Executives (HSE) and Cork University Maternity Hospital – against whom the allegations were made – accepted culpability for the birth injury. They claimed that they did not conduct any further tests for vasa praevia as it was not standard practice in such circumstances. Even so, they agreed to pay a seven-figure interim settlement of compensation to the young boy for his injuries.

As the claim was made on behalf of a minor it had to be approved by a High Court judge before any settlement could be awarded. The approval hearing was held earlier this month in Dublin, where the judge was told about the circumstances of the pregnancy and birth and what could have been done to prevent the boy’s injuries.

The court was also informed of more recent developments, including some of the child’s successes. In 2014, he received a National Children of Courage Award. His friends and family had also raised funds for him to fly to the United States for selective dorsal rhizotomy surgery, which allowed him to walk for the first time. However, he still requires therapy for speech and language acquisition.

The interim settlement was approved by the High Court. The case was then adjourned for five years, after which an additional assessment will be conducted.

Cerebral Palsy Claim against the HSE Heard in Court

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A cerebral palsy claim against the HSE has been heard in the High Court for the approval of a compensation settlement without an admission of liability.

On 5th October 2010, a woman from Midleton in County Cork gave birth to twin boys at Cork University Maternity Hospital. One of the boys was delivered in good health during the emergency Caesarean Section procedure, but the second was born in a poor state due to being starved of oxygen in the womb. He was diagnosed shortly after with spastic diplegic cerebral palsy.

On the second twin´s behalf, his mother made a cerebral palsy claim against the HSE, claiming that there had been a failure to diagnose a vasa praevia condition during her pregnancy after scans conducted in June and September had revealed a low-lying placenta. The woman claimed that the Cork University Maternity Hospital had failed to exercise reasonable care in the antenatal stage of the pregnancy.

The Cork University Maternity Hospital and HSE contested the claim on the grounds it was not normal practice to conduct further investigations or take precautions against the risk of a vasa praevia condition causing complications. However, after a period of negotiation, an interim settlement of cerebral palsy compensation amounting to €1.98 million was agreed without an admission of liability.

As the cerebral palsy claim against the HSE had been made on behalf of a child, the interim settlement had to be approved by a court to ensure it was in the boy´s best interests. The approval hearing took place at the High Court, where the circumstances leading up to the boy´s delivery were explained, along with the reasons why it was believed that medical staff the hospital had acted negligently.

The High Court also heard how, in 2014, the boy had won a National Children of Courage Award, and that last year enough funds had been raised by family and friends to fly the family to Missouri so that the boy could undergo Selective Dorsal Rhizotomy surgery. As a result of the surgery, the boy has been able to learn to walk, although he still has to often rely on a walker or a wheelchair for his mobility.

The High Court approved the interim settlement of the cerebral palsy claim against the HSE after hearing that the funds will be used to pay for physiotherapy, speech, language and occupational therapy. The case was then adjourned for five years so that reports can be compiled into the boy´s future needs. When the family returns to the High Court in five years, it is hoped that a system of periodic payments will be in place so that his future wellbeing is guaranteed.

Surgical Negligence Claim Settled for Seven Figures

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A claim for medical negligence compensation, made after a man was deprived of oxygen during a surgery on his spine, has been settled in court for €7.1 million.

The claim was made on behalf of a former barrister, aged forty-six, who visited the Sports Surgery Clinic in North Dublin concerning pain in his back. In 2014, he elected to have surgery on his cervical spine due to the pain. However, though the back pain was relieved, during the surgery the patient was deprived of oxygen and as a result sustained severe brain damage.

Since the surgery, the ex-barrister has been reliant on twenty-four-hour care as the mismanaged anaesthetic left him with a hypoxic brain injury. The patient can smile at his children and has certain reactions around his family, but cannot otherwise communicate. Though he is currently in a resident care home, his family hope that he will be able to return home to them in Clonee, Co. Meath, in the future.

Acting on her husband’s behalf, the patient’s wife made a claim for medical negligence compensation against Deirdre Lohan, the anaesthetist on the day of the surgery. However, the medical practitioner did not concede liability until October 2016, at which point a settlement of €7.1 million was negotiated between the families. However, before the settlement could be awarded it first had to be approved by a High Court judge, as it was made on another’s behalf.

The approval hearing was held earlier this month, where Mr Justice Kevin Cross oversaw proceedings. The judge was informed of that, to date, the victim’s care costs were being funded by a trust fund established by his friends and former colleagues. He also heard of the wife’s distress, and her eagerness to accept the settlement to finish with proceedings.
The judge proceeded to approve the €7.1 million settlement for surgical negligence, offering his own sympathies towards the family after the “terrible tragedy” they had endured.