Category Archives: Hospital

Girl with cerebral palsy settles case for €6m

A seven-year-old girl with cerebral palsy who had sued over the circumstances of her birth at a Galway hospital has settled her High Court action for €6m. Faye Walsh, Mr Justice Kevin Cross was told, has spastic quadriplegia, is non-verbal and can only communicate with her family by making noises and smiling. She is a full-time wheelchair user and will require 24-hour care for the rest of her life. Counsel for Faye, Denis McCullough SC, told the court it was their case that an obstetrician should have been notified earlier and the vacuum-assisted delivery of Faye at University Hospital, Galway, on August 15, 2011, should have been done earlier. Outside court, the Walsh's solicitor Michael Boylan said it was the end of a two-week trial and a four-year battle for the Walsh family. Faye Walsh...
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€11m settlement for woman with cerebral palsy

An young woman has received a settlement of €11m at the High Court as a result of the circumstances surrounding her birth at the Erinville Hospital in Cork. Margaret is almost 19 years old and is described as "smiley and affectionate", but she has severe cerebral palsy, requires 24-hour care, cannot walk and is non-verbal. She was born at the now closed Erinville Hospital in Cork on 1 March 2000. Her mother's original due date was estimated to be 13 February, but later changed to 19 February. The court heard Margaret's mother, Claire, should have been induced earlier. While she was in labour, a monitor showed abnormalities in the foetal heart rate and Mrs Hurley's blood pressure was described as "through the roof". A scan carried out after her birth showed Margaret's brain had...
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Woman who was given incorrect test result now seriously ill

A 52-year-old woman who claims she was given the incorrect result for a breast cancer gene test eight years ago is now seriously ill with ovarian cancer, the High Court has heard. It is claimed the report from the testing laboratory showed a pathogenic change of the BRCA 1 gene, but in a letter sent to the woman and her treating doctor on 27 January 2010 it was incorrectly stated the breast cancer gene was normal. The woman, whose youngest child is ten years old, has claimed she has suffered a loss of chance and the opportunity to take and seek medical advice to mitigate her risk of developing cancer. She has further claimed if she had been made aware of the mutation and pathogenic change of the BRCA 1 gene in January...
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Husband and son awarded €650,000 for shock after mum died following C-section

The husband and son of a woman who died at the National Maternity Hospital hours after undergoing an emergency Caesarean section to deliver her baby have settled for €650,000 their High Court action for nervous shock. Nora Hyland (31) a Malaysian woman who was living at Charlotte Quay in Dublin 4 at the time, died on the operating table at the National Maternity Hospital (NMH), Holles Street, on February 13, 2012, within three hours of undergoing an emergency Caesarean section to deliver her son Frederick. Mr Hyland claimed he suffered severe and profound nervous shock, upset and mental distress as a result of what happened. The claims were denied. Approving the settlement Mr Justice Kevin Cross sympathised with the Hyland family on their loss. At the time of the inquest in 2014, Mr Hyland...
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Hospital apologises to couple whose baby daughters died for issuing incorrect genetic report

Our Lady's Children's Hospital, Crumlin, has apologised to a couple for the shortcomings in care provided to them and that an incorrect genetic report was issued to them. The couple sued in the High Court for nervous shock in the case which centred on genetic screening and chromosomal abnormalities involving two of their children. In the High Court today Mr Justice Kevin Cross was told the case could be struck out. The terms of the settlement in relation to both cases of nervous shock are confidential. The couple's counsel, Dr John O'Mahony SC, read out a letter of apology to the couple from the chief executive of Our Lady's Children's Hospital, Crumlin, Sean Walsh. It stated: "I wish to again reiterate the apology contained in the Review Report of August 4, 2017, to you...
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Baby died after contracting cold sore virus – inquest

A 12-day-old girl died after contracting the common cold sore virus in hospital days after birth. Eibhlín Wills acquired the infection in the first five days of her life, an inquest into her death heard. Blood tests showed no sign of the infection three days after birth but the infection was present in samples taken when Eibhlín was five days old. Dublin Coroner Dr Myra Cullinane found the infant died due to a hospital-acquired infection. The family described the loss of their precious baby as an "unspeakable horror". "For the past three years we have had to live with the unspeakable horror of losing our baby girl to an entirely preventable disease. "While it has been extremely painful to go through the details again ... today's verdict gives us the opportunity to again warn the public...
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Family receive €12,500 settlement after ‘medical debris’ left in infant’s throat following surgery

The family of a young boy who was left with medical debris in his throat following a surgery have received €12,500 in compensation. Jill Crawford told the court in an affidavit how her baby had gagged and retched at home as he tried to breathe through thick mucus saliva. “He was so unwell that our family clergyman drove half the length of Donegal to be with him and was shocked to see how low he was,” Crawford said. O’Neill said that from medical reports it was revealed that a throat pack had not been inserted in Bobby’s throat during the initial surgery to prevent saliva, blood and other surgical debris from tracking down in the pharynx and respiratory tract. As a consequence of pink alginate gel having entered his airway and remaining there on...
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Girl, 14, who claims she suffered shoulder injury at birth settles case for €425,000

A 14-year old girl who claimed she suffered a severe shoulder injury at birth has settled her High Court action for €425,000. Amy Hutchinson the High Court heard has difficulty riding a bicycle and a problem carrying her schoolbag as a result of the the injury to her right shoulder and arm. Amy Hutchinson Mullaharlin Park, Dundalk, Co Louth had through her mother Amanda Hutchinson sued the HSE over the injury including Erb's Palsy she claimed she sustained during her delivery at the Our Lady of Lourdes Hospital, Drogheda, Co Louth on July 19,2004. She claimed there was an alleged failure to manage the Ms Hutchinson's pregnancy properly and an alleged failure to forsee the risks of shoulder dystocia. She further claimed there was an alleged failure once shoulder dystocia had been suspected or...
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Family of boy with cerebral palsy awarded €9 million by High Court

A 7-year old boy with cerebral palsy who sued over the circumstances of his birth at Cavan General Hospital has settled his High Court action for €9.1Million. Jarrah Folkman can't talk or walk and his mother today told the High Court she will never hear her son's voice. Elysha McCrudden said the settlement will go a long way towards her son's care, but she said she felt that windows of opportunity for Jarrah had been lost. Ms McCrudden said for the last seven years she and Jarrah's father Ben Folkman have been made feel that what happened was their fault. Approving the settlement against the HSE, Mr Justice Cross praised Jarrah's parents for the care they have given him night and day. "Don't think its in any way your fault," the judge told Jarrah's...
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Elderly Irish woman, 91, died after being scalded by tea

An elderly woman developed sepsis after she was scalded by tea spilled on her lap while out to lunch. Daphne Anderson, 91, died after she sustained third degree burns over 6% of her body but didn’t immediately report it. An inquest into her death, previously adjourned after the woman’s daughter called for the exhumation of her body for a fresh autopsy, concluded at Dublin Coroner’s Court with a narrative verdict. Her daughter Audrey Anderson had instructed her legal team to make the court aware her preference was for a verdict of medical misadventure which she claimed was “more accurate”. She was admitted to the Bon Secours Hospital before being transferred to the specialist burns unit at St James’s Hospital on December 3. She was treated with antibiotics and intravenous fluids and improved until December...
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