A 25-year-old Limerick man who claimed he suffered a brain injury after contracting meningitis around the time of his birth has settled a High Court action for €9.75 million.
Eoin Danaher, of Raheen, Co Limerick, who has significant cognitive impairment, was in the Four Courts with his family as the court approved the €9.75 million settlement against the HSE.
In the proceedings, it was claimed there was an alleged delay at St Munchin’s Regional Maternity Hospital, Limerick, before diagnosis and the provision of appropriate treatment for a meningitis infection which, it was claimed, the baby suffered around the time of his birth. All of the claims were denied.
Danaher’s barrister, Dr John O’Mahony, appearing with Cian O’Mahony, told the court the baby was in good condition following his birth on August 8th, 2000.
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Counsel said Danaher’s mother was later concerned about breathing and that he had a very weak cry.
He said it was their case that no appropriate attention was paid to the mother’s concerns. Counsel said meningitis can become a serious infection and the baby was in a bad state two days later.
O’Mahony said it was their case that the hospital was slow in its reaction. He said there was a litigation risk in the case. At issue was whether earlier medical intervention would have made a difference.
The settlement against the HSE, which was reached after mediation, is without an admission of liability.
Danaher had through his mother, Kay Danaher, sued the HSE over his care at St Munchin’s Regional Maternity Hospital, Limerick around the time of his birth.
In the proceedings, it was claimed the baby was in good condition at birth and no resuscitation was required.
On the first night, it was claimed his mother did not sleep because of her concern for her baby who was wheezy and had a very weak cry. It was claimed she reported her concerns in relation to the baby to nurses on a number of occasions throughout August 9th, but an assessment of the baby was not carried out and it was claimed she was given an assurance relating to his wellbeing.
On the evening of August 9th, the mother believed the baby was unwell as he was still wheezy and his cry remained weak. It was claimed she again reported her concerns to nurses, but it is claimed these were allegedly dismissed.
The baby was not feeding or responding to the bottle and in the early hours of August 10th, the mother insisted he be assessed by a doctor. After examination by a doctor, the plan was for observation and review later, it was claimed.
On the morning of August 10th when the baby was expected to be discharged, the mother complained to a consultant that her baby was sick and nobody was allegedly heeding her repeated expressions of concern. It was noted the baby’s colour was poor and his breathing was distressed. He was transferred to the special care baby unit where he was commenced on anticonvulsant medication and antibiotics.
On the morning of August 11th, the family were advised one possible diagnosis under investigation was infection and the meningitis was subsequently confirmed. The family was also advised his prospect of surviving was not good. The baby remained on a ventilator for five days.
It was claimed there was an alleged failure to ensure there was appropriate investigation in an appropriate, timely manner as to why the baby was crying a lot and unsettled throughout the first night after his birth.
It was further claimed that when he was examined in the early hours of August 10th there was an alleged failure to make infection the primary suspected diagnosis and to immediately carry out a septic screen and start intravenous antibiotics.
It was claimed the meningitis infection went untreated and progressed, allegedly causing catastrophic injury to the baby which resulted in him having lifelong severe disabilities as a result of which he needs full-time care and multiple therapies.
The HSE denied all the claims and contended the baby’s infection was well established before the first clinical manifestation and there was no opportunity to prevent the baby developing the infection or its consequences.
Approving the settlement, Judge Paul Coffey said considering the litigation risk in the case, the settlement was fair and reasonable.
The judge praised the care Danaher’s family had given him and wished him all the best for the future.
