Courts

Boy settles High Court action against HSE for €87,500

Conor Naughton claimed, through his mother, there had been a failure to diagnose his acute appendicitis

Conor Naughton's parents paid for a private ambulance to transport him from Wexford General Hospital to a Dublin hospital for surgery. Photograph: Cyril Byrne

Thu Mar 21 2024 - 18:59

A young boy who claimed there was a failure to diagnose his acute appendicitis at a hospital leading to an alleged 24-hour delay before surgery has settled a High Court action against the HSE for €87,500.

The High Court heard the parents of Conor Naughton, who was then four years old, had to pay for a private ambulance to transport their son from Wexford General Hospital to a Dublin hospital for surgery when there was no ambulance in Wexford.

The family’s senior counsel, Bruce Antoniotti, instructed by Liston Flavin solicitors, told the court this followed “a comedy of errors” where a diagnosis of gastroenteritis was made by one hospital section, and another section wanted the child transferred to Dublin for surgery as counsel said it was believed he had all the signs of peritonitis.

Conor had been brought to the Wexford hospital on August 18th, 2013, with a three-day history of vomiting and a high temperature. The next day it was claimed the boy had a spike in temperature. A medical review was suggested and that there would be an attempt to transfer him to a Dublin hospital.

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It was claimed the child’s parents became deeply concerned as time passed and Conor got sicker. It was claimed there was a delay in arranging an ambulance for the transfer and the Naughtons decided to pay for a private ambulance which arrived at about 5.30pm on August 19th.

Counsel said the parents feared their son, who was in significant pain, might not make it through. He had abdominal surgery on arrival at Dublin and spent 17 days in hospital.

Counsel said experts on their side would say the surgery should have been carried out on August 18th. Mr Antoniotti said a full defence was filed in the case.

Conor (now aged 14), of Ballycullen, Dublin, had through his mother, Claire Naughton, sued the HSE.

In the proceedings, it was claimed there had been a failure to consider adequately or at all the fact that the boy’s history included abdominal pain for three days and signs and features of peritonitis supported by inflammatory markers.

It was further claimed that a diagnosis of gastroenteritis was made and there was a failure to consider adequately or at all the fact that the boy had signs of a “surgical abdomen” and had pain, vomiting and abdominal tenderness.

There was an alleged failure to transfer the boy to the Dublin hospital on August 18th, 2013 and there was an alleged failure to ensure speedy surgical treatment in the case of advanced appendicitis.

All the claims were denied.

Approving the settlement, Ms Justice Carmel Stewart said it was a very distressing time for the parents.

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