HSE apologises to family for 'wrongful death' of baby

THE HEALTH Service Executive has apologised unreservedly to the family of a baby who died from meningitis at Our Lady of Lourdes…

THE HEALTH Service Executive has apologised unreservedly to the family of a baby who died from meningitis at Our Lady of Lourdes Hospital, Drogheda, Co Louth.

It was claimed there was an earlier failure to diagnose the child’s condition and he had been discharged when it was unsafe to do so.

Dean Patrick Kenny’s family claimed he had been referred to the hospital by a GP hours earlier with suspected meningitis, but was sent home after being examined by a doctor and later the same day had to be brought back to the hospital because his condition had worsened.

Dean Patrick was aged four months when he died at the hospital on July 1st, 2002. His family later brought High Court proceedings against the HSE for mental distress arising from the child’s alleged wrongful death. The HSE denied the claims.

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Yesterday, Mr Justice John Quirke was told the action had been resolved and could be struck out. No details of the settlement were revealed to the court.

In a letter to Dean Patrick’s parents, Anita Kenny and Barry Higgins, the HSE said it wished to “apologise unreservedly for the wrongful death of your son while in our care” and extended its deepest sympathies to the family.

After yesterday’s settlement, Caoimhe Haughey, solicitor for the family, said they were happy that the case had been resolved and that the letter of apology was “worth its weight in gold” to them.

In proceedings brought on behalf of the family by Ms Kenny, Simcox Lane, Trinity Gardens, Drogheda, it was claimed the HSE was negligent on grounds it had failed to make proper inquiries into the child’s condition and allowed him to be discharged when they knew it was unsafe to do so.

It was further claimed the HSE failed to diagnose the child’s condition and should have admitted him to hospital on his first presentation. It was also claimed there was failure to check, read or heed what the GP had said about the boy’s condition.

It was alleged Dean Patrick was taken to the hospital with suspected meningitis following a referral from a GP in the early hours of the morning of July 1st 2002.

It was alleged, after being examined at the hospital, the infant and his family were sent home and his condition deteriorated.

When the hospital was informed of the deterioration, a doctor prescribed the continued administration of Nurofen, it was claimed.

It was additionally claimed the child was taken back to his GP, who diagnosed him as having meningitis.

He was taken back to the hospital, where he died on the afternoon of July 1st.

In its defence, the HSE denied negligence and pleaded it had complied with general approved medical practices.

It claimed the infant did not show clinical features of bacterial meningitis such as a rash or high pitched cry and was feeding well.

The parents were told to return to the hospital if the boy’s condition deteriorated, it was also pleaded.