Limerick man settles brain-injury claim against HSE for €9.75m
A 25-year old Limerick man who claimed he suffered a brain injury after contracting meningitis around the time of his birth has settled a High Court action for €9.75m.Eoin Danaher, of Raheen, Co Limerick, who has significant cognitive impairment, was in the Four Courts with his family as the High Court approved the €9.75m settlement against the HSE.In the proceedings, it was claimed that there was a delay at St Munchin’s Regional Maternity Hospital, Limerick, before diagnosis and the provision of appropriate treatment for a meningitis infection which, it was claimed, the baby suffered around the time of his birth. All of the claims were denied.Eoin’s counsel, John O’Mahony SC, with Cian O’Mahony BL, told the court it was a sad case. The baby was in good condition when born on August 8, 2000. Counsel said his mother was later concerned about Eoin’s breathing and that he had a very weak cry. He said it was their case that no appropriate attention was paid to the mother’s concerns. Counsel said meningitis can become a serious inflicting infection and the baby was in a bad state two days later.Mr O’Mahony said it was their case that the hospital was slow in its reaction and that there was a litigation risk in the case. At issue was whether earlier medical intervention would have made a difference.The settlement against the HSE, which was reached after mediation, is without an admission of liability.Good condition at birth Eoin Danaher had, through his mother Kay Danaher, sued the HSE over his care at St Munchin’s Regional Maternity Hospital, Limerick, around the time of his birth.Eoin was born at the hospital on August 8, 2000. He was in good condition at birth and no resuscitation was required, the court heard. On the first night it was claimed his mother did not sleep because of her concern for her baby, who was wheezy and had a very weak cry. It was claimed she reported her concerns in relation to the baby to nurses on a number of occasions throughout August 9, but an assessment of the baby was not carried out. It was claimed she was given an assurance relating to his well-being. On the evening of August 9, the mother believed the baby was unwell as he was still wheezy and his cry remained weak. It is claimed she again reported her concerns to nurses but they were allegedly dismissed.The baby was not feeding or responding to the bottle and in the early hours of August 10, the mother insisted the baby be assessed by a doctor. The plan was for observation and review later, it was claimed.On the morning of August 10, when the baby was expected to be discharged, the mother complained to a consultant that her baby was sick and nobody was allegedly heeding her repeated expressions of concern. It was noted that the baby’s colour was poor and his breathing was distressed. He was transferred to the special care baby unit where anticonvulsant medication and antibiotics were commenced. On the morning of August 11, Eoin’s family were advised that one possible diagnosis under investigation was infection and the meningitis was subsequently confirmed. His family was also advised his prospect of surviving was not good. He remained on a ventilator for five days.It was claimed there was a failure to ensure that was appropriate investigation in an appropriate timely manner as to why the baby was crying a lot and unsettled throughout the first night after his birth.It was further claimed that when he was examined in the early hours of August 10, there was a failure to make infection the primary suspected diagnosis and to immediately carry out a septic screen and start intravenous antibiotics.The meningitis infection, it was claimed, went untreated and progressed, allegedly causing major injury to Eoin, which resulted in him having lifelong severe disabilities. As a result he needs full-time care and multiple therapies. HSE denied claims The HSE denied all the claims and contended the baby’s infection was well established prior to the first clinical manifestation and there was no opportunity to prevent the baby developing the infection or its consequences.Approving the settlement, Mr Justice Paul Coffey said considering the litigation risk in the case, the settlement was fair and reasonable.The judge praised the care Eoin’s family had given him and wished him all the best for the future.
