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