Brain-damaged boy (5) sues children’s hospital

A brain-damaged and permanently disabled boy is suing Temple Street Children's Hospital, Dublin, over the failure to diagnose an infection when he was 11-months-old.

Benjamin Gillick has cerebral palsy, is quadriplegic and cannot speak, his counsel, Dermot Gleeson SC, told the High Court.

Mr Gleeson said Benjamin, aged almost six and living in London, suffered a brain stem injury when he was 11-months-old that should not have happened.

The child underwent a procedure to drain fluid on the brain and a shunt was inserted.

However, he later returned to the hospital vomiting and unwell, counsel outlined.

Counsel said shunt infection is a known complication of the procedure.

Mr Gleeson said negligence arose as, for up to three days, the possibility of shunt infection was not investigated and Benjamin got progressively worse.

Formerly of Knockmaroon Hill, Chapelizod, Dublin, but now living in Putney, London, the child is suing The Children’s University Hospital, Temple Street, Dublin over his care in April 2011.

He claims the hospital was negligent about the investigation, diagnosis, management, treatment and care of the shunt infection he presented with on April 9th, 2011.

He had been admitted to the hospital on March 21st, 2011, for the shunt procedure and was discharged three days later.

Liability

Mr Justice Kevin Cross was told liability has been admitted and the case was before him for assessment of damages only, to include costs of a new home for Benjamin.

His mother, Miriam Gillick, told the court her family live in a three-bedroom first-floor apartment with no lift.

She had given up her job in investment banking to look after her son.

A house in the Putney area near Benjamin’s special school could cost about €6.5 million, the court heard.

Benjamin has to use a wheelchair and will need constant care for the rest of his life, the court was told.

At the outset of the hearing, Mr Justice Cross dismissed the hospital’s application for assessment of interim payments of damages rather than a once-off lump sum.

The case continues on Wednesday.