Boy brain damaged after misdiagnosis of his chickenpox secures €3m

An eight-year-old boy left brain damaged just before his second birthday, after what the High Court heard was a “profound misdiagnosis” of his chickenpox infection, has secured a further €3m payment from the HSE.

This brings to more than €5.5m the sum paid out to Eoghan Keating, who cannot talk and is tetraplegic, under a settlement of his action against the HSE.

Approving the latest €3m payment to meet care needs for the next four years, the President of the High Court, Mr Justice Peter Kelly praised Eoghan’s parents, Larry and Martina Keating, of Upper Dunhill, Co Waterford, for the huge sacrifices they have made and their extraordinary care for their son.

When the case was settled in October 2016, University Hospital Waterford apologised for the “deficiencies in care provided to Eoghan at the hospital on August 24th 2012”.

Hospital general manager Richard Dooley, in a statement read in court, apologised on behalf of management and staff and acknowledged the “many challenges” the boy and his family “have faced as a result of the treatment afforded to Eoghan.”

Emergency

Through his mother, the child, of Upper Dunhill, Co Waterford, sued over the care he received when brought to the A&E of Waterford Regional Hospital on August 24th 2012 with a rash and a high temperature.

He had a high fever, was irritable and crying and it was claimed his parents were advised he had mumps.

It was noted he had a rash all over his body, especially his abdomen, and a diagnosis of chickenpox with mumps was then made.

It was claimed the management plan was to discharge Eoghan home to take ibuprofen and calpol and for his parents to contact the hospital if concerned.

That night, a swelling in his neck increased and he was lethargic.

His parents rang the hospital and were told Eoghan had mumps, it was alleged.

When they called again, they were advised to contact the caredoc GP service which advised the swelling was very serious and Eoghan was brought back to the hospital where he was ventilated and later transferred to a Dublin hospital.

It was claimed there was failure to admit Eoghan to the Waterford hospital when he first presented and treat him intravenously with antibiotic and heed the indicators of a significant evolving infection.

Liability was admitted in the case.

When the case returned to court on Friday, Larry Keating said his son is "thriving" and while he cannot speak he can communicate with his family and make choices through eye contact and some gestures.

Therapies

Various therapies have been “a lifeline” for Eoghan and the parents had been “taken aback” that, during mediation talks with the HSE, the provision of therapies was raised.

Mr Keating said he and his wife have gone part time in their work to devote their time to the care of their son.

“Time spent with Eoghan is well spent”, he said.

When the judge asked was the amount now allowed for therapies enough for the next few years, Mr Keating said it was.

Approving the settlement Mr Justice Kelly said he was glad Eoghan’s parents had “won out” in the mediation in relation to therapies they consider very beneficial for their son.

Michael Counihan SC, for the boy, said the latest settlement had been reached after mediation and would be paid out in staged payments. The case returns to court in four years time when Eoghan’s future care needs will be decided.