‘We miss the sound of his little laugh’: parents of brain damaged boy awarded €2.5m

A Waterford hospital has apologised at the High Court to a boy left brain damaged just before his second birthday after there was a "profound misdiagnosis " of his chicken pox infection.

Eoghan Keating, now aged six, cannot talk and is tetraplegic.

He had sued the HSE through his mother Martina and his action settled on Friday on terms including an interim payment of €2.5million.

Liam Reidy SC, for the boy, said there was a profound misdiagnosis with mumps when he had infectious chicken pox and the boy later suffered a brain injury of the most profound kind.

University Hospital Waterford's general manager Richard Dooley, in a statement read to the High Court, apologised on behalf of the management and staff for "the deficiencies in the care provided to Eoghan at the hosptial on August 24th 2012.

“I would also like to acknowlege the many challenges that you and your family have faced as a result of the treatment afforded to Eoghan,” the statement said. “I do not underestimate how traumatic this has been for you and we are truly sorry for the distress this has caused to you and to Eoghan.”

Eoghan, Upper Dunhill, Co Waterford, through his mother, sued the HSE over the care he received when brought to the emergency department of the then Waterford Regional Hospital on August 24th 2012 with a rash and a high temperature.

The baby had a high fever, was irrtitable 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 is 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 the baby’s neck increased and he was lethargic, it was claimed. 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. That service advised the swelling was very serious and Eoghan was brought back to the hospital where he was intubated and ventialted and later transferred to a Dublin hospital.

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

Martina Keating told the court, before her son became seriously ill, they had so many hopes and dreams for him.

“He was an energetic, fun loving toddler and very sociable and he loved nothing more than giving hugs to everyone. It would have meant everything to us to see him grow into a young man, fall in love and eventually form a loving family of his own. Unfortunately for Eoghan this now is not to be,” she said.

“We grieve every day for the life Eoghan has lost but we know we are blessed to still have him with us.”

Calling Eoghan their “little warrior”, she said there is now no singing of nursery rhymes or dancing in the kitchen with his sister like there once was and he cannot reach out his arms to give hugs anymore.

"We get a turn of his head in recognition of our voices on a good day and on a very good day when there is no discomfort we get a smile which is so very precious, but we do miss the sound of his little laugh," she told Mr Justice Kevin Cross.

They would return the settlement “if it would miracously enable Eoghan to be pain free and carefree like he once was”, she added.

Approving the settlement, Mr Justice Cross told the family: “Your suffering cannot be described or defined”.

The case will come back before the court in two years time when another aspect of Eoghan’s case will be assessed. The court heard an action for nervous shock by Eogan’s parents is also being taken.

Outside court, Eoghan's father Larry Keating urged the Government and those in management to help all children with chronic, life limiting conditions. "These children are the real heroes who battle, through their parents, for the most basic of needs on a daily basis. They deserve so much better than what is curently available," he said.