€120,000 Birth Negligence Settlement Approved against Rotunda Hospital

Following a legal action based on a allegation of birth negligence due to a delay in the diagnosis of a post birth hip issues Dublin boy has settled his High Court compensation actions for €120,000.

The boy in question, Michael O’Connell, who is now seven years of age, was forced to undergo a surgical operation in order to deal with the hip issue in 2018. The problem that occurred during his birth was initially identified by his family doctor when he was just four month on.

Michael O’Connell, Butterfield Orchard, Rathfarnham, Dublin had through his mother Elizabeth O’Connell sued the Rotunda Hospital for the hip injuries that he sustained that the time of his birth.

Michael’s Counsel in the High Court, Alan Keating BL instructed by Rachael Liston solicitor, today informed presiding judge Justice Kevin Cross said it was their case the newborn baby boy should have been double checked for any evidence of hip instability that was caused by the nature of his birth according to the hip screening protocol that was being conducted at the maternity hospital.

Mr Justice Kevin Cross was told  that the Rotunda Hospital Dublin accepted that there had been a breach of duty in the case. The hospital also accepted that on October 28th, 2013 the baby was allowed to go home without the protocol having been adhered to as required. The Rotunda Hospital also accepted liability in relation to the delay that occurred in the  diagnosis of the baby’s hip problem for the duration of time from October 28 2013 to April 15 2014.

Legal representative informed the court there were problem in relation to causation, but the settlement had been reached after mediation talks were conducted.

Michael, Mr Keating informed the High Court, underwent surgery during 2018. It took him a number of several weeks to recover from the procedure. However, the you gnbouy is currently running and walking and in a much better position than his parents had initially been afraid of.

As he was giving his approval for the birth negligence compensation settlement Mr Justice Kevin Cross referred to it as excellent one.

Posted in Childbirth Negligence in Ireland

New Hampshire joins $60m national settlement over CR Bard surgical mesh

The state of New Hampshire has announced that it will be joining a $60m vaginal mesh liability compensation settlement against medical device producer CR Bard.

Currently the attorneys general for 48 US states and the District of Columbia have been added to the class action that alleges CR Bard did not recognize the possible issues with their transvaginal surgical mesh devices. These devices are implemented in order to address urinary incontinence by reinforcing the vaginal floor which can be harmed due to eroded organs. This condition can result in major pain during during the act of sexual intercourse and or while voiding bowels, etc.

The expense of treating those who are suffering due to the mesh devices is taken on by each states as it funds Medicaid and state insurance health plans. CR Bard is a New Jersey-based firm that had $17.3bn in revenue last year. New Hampshire’s is due to be awarded $661,071 as its portion of the legal action settlement.

Along with this CR Bard will have to fight other claims, made by individual plaintiffs. This includes around  5,000 federal legal cases in the state of Ohio and 3,000 legal actions in Rhode Island.

CR Bard discontinued the vaginal mesh device production in 2012. This move came in the aftermath of a $3.6m compensation settlement action for one woman. The claim had been submitted in relation to suffering caused by a vaginal mesh device.

CJ Bard released a statement which said: “Bard and BD have denied any wrongdoing and all allegations included in the litigation and chose to settle the matter to avoid the time and expense of further litigation.”

These class action legal cases claim that Atrium’s C-QUR hernia mesh products, which are lined with a fish oil derivative as a possible solution to adverse reactions to the treatment, are actually inflicting additional complications.

A legal representative for Atrium said: “We think there is a similarity, because there is the same underlying material involved. We are hoping they take a closer look.”

Posted in Medical Instruments Negligence

Family of Deceased Infant Rory Brennan Awarded €35k Wrongful Death Compensation

The passing of a baby boy who was only hours old was due to medical negligences according to a hearing at the High Court taken against the Coombe Women and Infants University Hospital this week.

€35,000 in wrongful death compensation was awarded to Assumpta Sweeney and Jason Butler, the parents of Rory Jason Sweeney Butler who tragically died on November 19 2015. Tis was just following his delivery at the aforementioned maternity hospital in Dublin. The Butler family initiated the legal action to seek compensation for what was claimed as hospital birth negligence, resulting in Rory’s death, and the nervous shock and trauma they both had to deal with following this.

The Coombe Hospital has a history of having to answer for alleged negligent occurrences and had paid out large compensation awards over the last 15 years or so. These cases include:

  • €15m wrongful death at birth compensation to the McCallig family from Co Donegal due to injuries encountered by their son Eoin at the time of his birth. Further investigation into the infant boy’s suffering revealed that it was caused a being deprived of oxygen during his delivery,
  • A case of dyskinetic cerebral palsy, sustained by an infant during his birth, was also found to have been allowed to occur due to negligent work practices. A massive compensation award was transferred to his family.
  • €65,000 hospital negligence compensation was awarded to Dara Brennan, born in November 2009, due to facial cuts suffered at the time of his birth.

Representing the Butler family at the High Court proceedings, Richard Kean SC advised Justice Eager in relation to the unprecedented suffering that the boy’s parents had experienced. Liability was admitted by the defendant in the personal injury compensation claim.

Justice Eager awarded the statutory compensation award of €35,000 which will be given to the boy’s family who reside in Drimnagh.


Posted in Childbirth Negligence in Ireland, Wrongful Death

€7m Brain Injury at Birth Compensation Awarded to Boy (6)

As a result of injuries that he suffered at the time of his birth Mayo University Hospital, a six-year-old boy has settled his birth injury compensation action against the Health Service Executive (HSE) for €7m.

This comes after lengthy mediation talks between all of the parties involved in the legal action. The boy is not allowed to be named due to an order issued by the court in relation to the case.

Appearing in Court on behalf of the boy, Denis McCullough SC said that this is the first legal action of its type in Ireland where it was claimed that a baby suffered a neonatal stroke. He informed Judge Kevin Cross that said medical experts had said that a stroke such as the one suffered by the infant can be caused by hypoxia ischemia. Experts appearing on behalf of the HSE denied this claim.

The boy’s mother had had attended Mayo University Hospital in 2013 in preparation for his birth. A number of scans that were conducted indicated that amniotic fluid had seriously reduced and the foetus was quite small – congenital abnormality was suspected, and the mother to Dublin. The defence team claimed that this was not an appropriate course of action to take.

However, it was claimed that the infant was not suffering from a congenital abnormality and the foetal compromise should have been diagnosed and a quick delivery was completed. Along with this it was  claimed that too much time was allowed to pass during attempts to confirm a bed in a Dublin hospital for the mother. Due to this she was transferred to an ambulance but then taken back out as it was too late for such a transfer to be completed. A CTG trace to monitor the baby was started and it is claimed it was grossly abnormal but was discontinued. A caesarean section was used to to give birth to the boy.

Following delivery, the boy underwent intensive resuscitation and he was later taken to a Dublin hospital for further treatment. The legal action said that there was an alleged failure to deliver the baby in a proper and timely fashion and an alleged failure to recognise the CTG irregularities were causing damage to the baby or the situation required urgent intervention.

The HSE had denied this and argued that the boy suffered a stroke because of hypoxia ischemia – reduced brain oxygen caused by inadequate blood flow.

Posted in Childbirth Negligence in Ireland, Hospital Injury in Ireland

Involvement of Dismissed Doctor in Birth Leads to Cerebral Palsy Compensation Claim Against HSE

The Health Service Executive is being sued by a two-year-old boy who suffers with cerebral palsy amid claims that a doctor was involved in his birth who, it has since emerged, had previously been struck off in the United Kingdom. The cerebral palsy compensation claims is for aggravated damages.

At the the High Court yesterday it was revealed that Tadhg McKenna, of Sruth An Mhuillan, Emyvale, Co Monaghan, is now seeking exemplary or aggravated damages due to the revelation that Dr Aamir Iqbal Malik was allegedly involved at his birth. Just last month, Dr Malik was suspended by the High Court from the medical register in Ireland pending further order.

That court was informed that Dr Malik, who qualified as a doctor in Pakistan in 1989, had been struck off the medical register in the UK in 2018 for professional misconduct. This dismissal was due to the findings of dishonesty linked to the history of his conduct as a doctor.

It is claimed that due to the circumstances that Tadhg experienced at his birth in Cavan General Hospital, when his care was entrusted to Dr Malik, he now suffers with quadriplegia cerebral palsy. It is also alleged that Dr Malik had neither the professional capacity nor the competence to provide such care either at all or without proper supervision.

At the High Court yesterday, Mr Justice Kevin Cross was made aware that the new developments in the case have lead to an increased level of stress for the McKennas. However, the Judge was also informed that the young boy’s parents do not wish for the case to be further delayed.

Tadhg was delivered suffering from severe perinatal asphyxia and had to be resuscitated. It is claimed his mother’s labour was permitted to continue for over 16 hours and there was failure to appropriately monitor the mother during labour and delivery.

Legal representatives for the Health Service Executive informed Justice Cross that the body is currently investigating the new information in relation to the case.

Prior to this liability had been conceded in relation to breach of duty but causation was still proving problematic. Tadhg, through his mother Emma Louise McKenna, sued the HSE over the circumstances of his birth on August 31, 2017.

The case, expected to last two weeks, was listed for hearing in September.

Posted in Childbirth Negligence in Ireland

High Court Approves €12m Delayed Diagnosis Compensation Settlement for Girl (12)

At the High Court Judge Justice Kevin Cross has given his approval has for a €12 delayed diagnosis compensation settlement for a 12-year-old girl.

The girl, Robyn Kilgallon, initiated the legal action due to the fact that she was not admitted to Sligo General, upon first presenting there, when she was suffering from bacterial meningitis.

Despite being taken to Sligo General Hospital by her parent, following a GP referral, as she was in an extremely poorly condition on February 1, she was sent home. At the time her symptoms included a high temperature, vomiting, her body had gone floppy and her eyes rolling. Her condition did not alleviate over the next 24 hours they returned to the hospital once more.

She was now extremely ill, in an unresponsive state and had experienced a seizure. On this occasion she was admitted to an ICU unit for treatment. However, a little while later she was moved to the Royal Victoria Hospital in Belfast for specialist treatment – there were no beds free in Crumlin or Temple Street in Dublin to admit her there.

After she was transferred, Robyn was diagnosed with Meningococcal Meningitis a form of bacteria that impacts the thin lining around the brain and spinal cord. She remained in an isolation unit for a number of days. Sadly, despite the treatment she got in Belfast, Robyn had already been impacted with major brain injuries.

Via her mother, Cabrini Fallon of Caltragh Road, Sligo Robyn took the hospital negligence action against Sligo General Hospital and the Health Service Executive (HSE). It was claimed the HSE had behaved in a negligent fashion as there was a failure to admit and deal with a suspected bacterial infection. In addition to this it was claimed that Robyn now suffers from brain damage due to the failure to admit her Robyn when she first presented.

Liability in the action was accepted and Robyn’s legal representative Alistair Rutherdale Bl, instructed by solicitor Donnacha Anhold advised Justice Cross that the matter had been resolved following a mediation between the parties.

Robyn, who is now ten years old, has many medical and physical requirements, suffers from significant development delay and has trouble communicating with others and moving. She will require assistance for the remainder of her life.

Counsel said that there is a high probability that if Robyn been admitted and had treated with antibiotics on February 1, when she first presented at the hospital, she would not have sustained the catastrophic injuries.

In approving the settlement figure, Justice Cross praised Robyn’s parents for the wonderful work they done as they dedicated themselves to raising their daughter.


Posted in Hospital Negligence in Ireland, Incorrect Treatment, Medical Negligence in Ireland

Family of Woman Kept on Life Support due to Eighth Amendment Awarded €1.5m Settlement

A €1.5m hospital negligence settlement, incorporating expenses, has been approved for the family of Ms Natasha Perie, a young mother kept alive on life support when she was pregnant due to doctors’ concerns about the Eighth Amendment

 Natasha, aged 26 at the time of her death, was pronounced brain dead during November 2014 when she was 15 weeks pregnant. She was maintained on life support for an another four weeks after this due to doctors’ uncertainty when it came to the, at the time unrepealed, Eighth Amendment. Life support was disabled following a High Court order being received by her family on December 26, 2014.

The final settlement was awarded for negligence in the treatment Natashed was given at Midland Regional Hospital in Mullingar and €1.3m of it will be handed over to Ms Perie’s two children, who are now aged eleven and nine. Her father Peter Perie took the injury compensation action for damages on behalf of his two grandchildren (Natasha’s children) due to the loss of their mother. Both children, who have different fathers, had been residing with their mother in Mr Perie’s house but, since her death, have been residing with their respective fathers.

The HSE accepted liability in the case but did not accept the extent of damages which were estimate at €3.2m. The State Claims Agency offered a settlement of around €1.5m to be made by the HSE. Nervous shock claims by seven family members had been settled on a previous occasion and Ms Perie’s daughter received €150,000 in those particular proceedings.

Ms Justice Deirdre Murphy presided over the fatal dependency case, which began yesterday, after a mediation did not result in an agreement and the €1.5m offer made earlier this week was not accepted.

An apology had been issued by the HSE for the family last November from the Mullingar hospital and the HSE in relation to issues with Ms Perie’s care at the hospital in late 2014. She was confirmed as brain dead just days following her admission there on November 27, 2014, but was then placed on life support.

Justice Murphy was informed in court, by members of his extended family and the children’s fathers and relevant medical staff, in relation to the impact on the children of seeing their mother on life support. Dr Frances Colreavy said Ms Perie’s eyes did not shut properly. She said nurses informed her that the young children, especially the then six-year-old girl, were upset, with both refusing to go near their mother. The present state of the girl was referred to as “inconsolable”. A care expert also told the Court that both children would need live-in nannies until they were old enough to leave home. The judge expressed concern about that and certain other aspects of the lawsuit.

Yesterday morning, however, following further mediation talks, Mr Justice Kevin Cross was asked by Jonathan Kilfeather SC, instructed by Gillian O’Connor solicitor, of Michael Boylan Litigation, to give his approval the €1.5m settlement offer.


Posted in Hospital Negligence in Ireland, Medical Negligence in Ireland

Mother of Eight Died after Discharging Herself from Overcrowded Hospital

The Coroner’s Court was informed in Dublin today that a 67-year-old mother of eight died just four days after she discharged herself from the Mater Hospital as she was unable to cope with the overcrowded condition.

Cancer patient Elizabeth Leavy from Montpellier Road, Dublin 7 discharged herself from the Mater Hospital after  she had been on a trolley, waiting to be admitted, for six hours. She was kept company by members of her family all evening but they were not aware her condition had deteriorated so badly.

Mrs Leavy, a mother-of-eight, was initially diagnosed with oral and bowel cancer in 2017. Sadly she passed away on the morning of January 22 2018, four days after she discharged herself.

The inquest at the Coroner’s was told that Mrs Leavy’s death happened as a result of cardio-respiratory arrest which was caused by multi-drug toxicity. The woman was experiencing toxic levels of the opiate based pain medications Tramadol and Oramorph in her system, which had intensified over time. A post-mortem report revealed that her cancer was not active when she passed away but she was suffering from chronic inflammation of the liver due to the accumulation of medications.

Coroner Dr Myra Cullinane commented: “These medications act centrally in the respiratory centre and it impedes your breathing. Your breathing stops and your heart stops and I think that is what happened that morning. The build-up of the medications in her system caused her death.”

Consultant in Emergency Medicine at the Mater Hospital Dr Tomas Breslin, told the inquest about the overcrowding at the hospital when Mrs Leavy was waiting to be admitted. He said: “Overcrowded conditions bring a higher risk of dying. Every nurse and doctor knows this is a massive problem for patients, it affects their care and their outcomes. I reviewed [Mrs Leavy’s] notes in detail. There were questions we didn’t know the answer to and that would have been the reason for keeping her in the department. That being said, you can understand why, when there is no clear issue, a person would decide to leave”.

The coroner returned a verdict of death by misadventure: “She’d gone through a lot of treatment and seemed to be doing well. It’s very tragic, she obviously had a loving and attentive family”.

Mrs Leavy’s daughter Joy, speaking on behalf of the family, said: “She was left in the hallway beside the bins. She was afraid, in pain, uncomfortable and she was hallucinating. She couldn’t stick it. We waited all night with her for test results and they told us she was okay. If we had of known they wanted to do more research we would’ve made her stay. She was left on a trolley in a hallway for six hours, a cancer patient, she’d had enough.”

Joy described her mother as someone who was “bubbly, fun, she saw the good in everyone and everything.”



Posted in Hospital Negligence in Ireland, Wrongful Death

Cerebral Palsy Compensation Action Settled for €21m

24-year-old Connor Corroon, a cerebral sufferer, who took a legal action in relation to the circumstances of his birth at a Cork hospital settled for a final lump sum payment of €17.5m at the High Court yesterday.

The final payment was given High Court approval, one of the biggest ever recorded in the State, and represents the end to a 17-year legal action by the Corroon family. It means the total amount of payments made to Connor is €21.75m. Connor cannot walk without help and must use a wheelchair to get around. He can only communicate using the help of special eye gaze technology.

Mr Corroon commented: “Today represents the end of 17 long years. I feel free and today my life begins.” In relation to the final settlement he said: “I am happy with that. I am proud that for the first time ever I was able to speak in public and let people know what I wanted to convey rather than others guessing what I was thinking. The experience has been so liberating.”

In 2010 Conor’s legal action was adjourned on an interim as the legislation that allows yearly periodic payments involving the catastrophically injured. Due to this Connor’s mother pleaded with the court to allow one lump sum payment so the family could get on with their lives. She requested that the family be allowed to move away from the “fishbowl life” as her son endured assessments by different specialists before his regular court appearances.

During an earlier hearing the court was told that Mr Corroon, of Copstown, Mallow, Co Cork, suffered catastrophic injuries when he was being delivered at City General Hospital, Cork, in 1995 and will require care for the entirety of his life.

Mr Corroon’s legal counsel David Holland SC returned to the High Court last week for a final lump sum cerebral palsy compensation settlement. They told the Judge that specialist advice they received said that, due to indexation, the yearly periodic payment allowed for in the new legislation “will get more and more insufficient over time”. Mr Holland advised the Court that the family found the “burden of coming to court intolerable and horribly intrusive”.

Liability was accepted and the case was before the court for assessment of damages only.

Posted in Childbirth Negligence in Ireland

Hospital Procedure Compensation Award of €10k made due to Man (31)

Judge John O’ Connor given his approval a cancelled hospital procedure  compensation award of  €10,000 against the Mater Private Hospital after Peter Keegan, who had been placed under anaesthetic, never had his operation as a piece of medical equipment was missing.

31-year-old Mr Keegan was due to have an operation on his right hip on 25 November 2016, in the Mater Private Hospital, Eccles St, Dublin 7. However, after he has been placed under general anaesthetic it was seen that an irrigation extender was not present missing and the the procedure could not go ahead. Mr Keegan was informed of this when he awoke, resulting in some distress and his teams of nurses had to calm him down.

Mr Keegan advised the judge that was very drowsy upon being sent home from the hospital and went on to experience stomach discomfort and nausea in the days after the cancelled procedure.

The Court was informed told that Mr Keegan – who lives at Woodbine Park, Raheny, Dublin 5 was represented in court by Barrister Conor Kearney, appearing with Mark Tiernan, of Tiernan & Company solicitors – had been taken into the hospital’s short stay procedure unit at 6.45am on the morning it was scheduled. At around 7.30am he was given an anesthetic by a specialist. Following this, when set of instruments for the procedure had been unpacked, it was see that the irrigation extender was not not there.

After searching for the item, the surgical team realised that the missing piece of equipment had been sent for repair around one month earlier.  No substitute had been arranged. When Mr Keegan came around from the anaesthetic around 8.30am, he was informed the unfortunate mistake.

A new procedure was arranged for December 5, some ten days later. Mr Keegan told the Judge that he had been very concerned in the run-up to the new operation. He said he was very nervous about having another anaesthetic.

Judge O’Connor ruled that there had been negligence on behalf of the Mater Private Hospital in what he termed an ‘unfortunate incident’. The Judge added that Mr Keegan had been upset and concerned following after the cancelled procedure and was fortunate that there had been no longer-term consequences of the mistake.

Judge O’Connor awarded Keegan €10,000 hospital procedure compensation the Mater Private Hospital.

Posted in Hospital Negligence in Ireland, Medical Instruments Negligence, Nursing Negligence in Ireland