Boy (15) with spina bifida get €4m interim payment over care at two hospitals

A 15-year-old boy with spina bifida who sued over the care he received at two hospitals when he was a baby has settled a High Court action with a €4 million interim payment.

Mr Justice Paul Coffey said he found the facts of John O’Brien’s case “very disturbing” and he said the boy’s mother “was failed every step of the journey”.

It was claimed against Cork University Hospital (CUH) that at all material times John displayed the signs of infection and meningitis secondary to the surgical repair that had taken place related to his spina bifida. However, it was alleged, there was a failure to treat him with appropriate or timely antibiotic therapy.

The baby developed meningitis and was later transferred to Children’s Health Ireland (CHI) Crumlin in May 2008.

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John’s senior counsel, Liam Reidy, instructed by Cantillons Solicitors, told the court it was sad to say that from June 2008, John’s mother was begging clinicians to do something for her son who had changed from “an alert smiling baby to a baby who was screaming and roaring 24 hours” and whose head had also started to grow inappropriately.

Liability was admitted in the case.

In a statement outside court, Helen O’Brien, from South Kerry, said that when her son was born, in April 2008, they trusted the various medical professionals to look after him and give him the care he needed.

“Sadly, that did not happen. At the time we fought for him, but we were not listened to ... He now lives with significant mental and physical injuries and is blind” she said.

Her son is dependent on his family for everything.

“He cannot tell us when he is in pain or basic things such as when he’s hungry or thirsty. He is loved beyond words and our lives centre around him,” she said

John, from south Kerry, had through his mother sued the Health Service Executive (HSE) over the care he received at CUH when he was a baby and against CHI over the care received at CHI Crumlin.

He was born on April 11th, 2008, and was transferred to CUH for repair of a defect related to his spina bifida, He was discharged from the hospital on April 26th, counsel said, but was readmitted on April 29th to CUH when the site of the surgery began to leak.

Counsel said that from then on there were a series of matters which amounted to negligence and breach of duty.

John was not given antibiotics until late on April 30th. On May 2nd he developed seizures and was diagnosed with meningitis.

“It could have been avoided if the proper care was given at the crucial time of his admission on April 29th,” counsel said.

John was admitted to CHI at Crumlin on May 9th, 2008.

Counsel said experts would say that in somebody with spina bifida who gets meningitis there is a high likelihood of a build-up of fluid on the brain which requires treatment with a shunt.

He said the fact that the child’s head had started to grow inappropriately was also completely ignored.

In February 2009, a brain shunt was inserted at another hospital, and Ms O’Brien told the court that at that stage her son was nine months old and had an adult-sized head.

The case will come back before the court in 2028 when John’s future care needs will be assessed.