Damages decision deferred in girl's facial injuries case

A Waterford schoolgirl who received severe burns to her face when given laser treatment by a Dublin plastic surgeon for a portwine…

A Waterford schoolgirl who received severe burns to her face when given laser treatment by a Dublin plastic surgeon for a portwine mark on her face has taken a High Court action for damages.

Mr Justice Kelly was told liability was admitted by the medical consultant, Dr Matt McHugh, and St James's Hospital, Dublin, and that the only task for the court was to assess damages. The hearing concluded yesterday and judgment was reserved.

Mr Edward Comyn SC, for Ms Aileen Tobin (16) of Orchard Drive, Ursuline Court, Waterford, said his client had been treated in London in the early 1990s for the port-wine mark. However, when a laser treatment machine became available in Dublin, the family decided to seek treatment there.

As a result of treatment by Dr McHugh in St James's Hospital on June 17th, 1994, the girl experienced great distress, counsel said. Blisters appeared and she complained her face was "on fire".

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The evidence would be that she suffered the injuries as a result of the excessive strength of the laser treatment administered to her, Mr Comyn said.

After medical examination, it was found that the laser treatment administered by Dr McHugh had damaged the texture of the girl's skin, counsel said. By December 1994 the scars on her face as a result of the treatment had healed but the skin had not reverted to its pre-treatment condition.

After the 1994 treatment, Dr McHugh did not want Ms Tobin to continue as a patient. No evidence was called by either Dr McHugh or the hospital.

Mr Justice Kelly said he would like time to consider the evidence. The case was not without difficulty and he would reserve judgment on the question of damages.