The High Court yesterday approved a settlement of £20,500 arising from the death of a three-year-old Co Wexford girl following the failure to diagnose and treat a growth on the child's brain.
The action related to the death in 1996, of Niamh Lawless, Ardcavan, near Wexford town. Niamh was born on October 11th, 1993. Her mother, Ms Margaret Lawless, a nurse, brought the proceedings on her own behalf and on behalf of Niamh's other relatives under the Civil Liability Act.
The action was against Ms Ann Sheehan, a consultant paediatrician; three medical practitioners carrying on a general practice as family doctors, Clonard Avenue, Wexford; and the South Eastern Health Board. Mr Justice Smith was told liability was being conceded on behalf of Dr Sheehan and that sincere sympathy was extended to the family following Niamh's death.
Ms Maureen Clark SC, for Ms Lawless, said the claim arose out of a failure to diagnose and treat a usually benign growth on the brain.
Niamh was a patient in Wexford General Hospital on three occasions during 1996. She was later transferred to a Dublin hospital where she died.
There was only one other child in the family, Ciara, who was now aged five. The parents agreed that £7,500 be lodged in court for Ciara's benefit.
Mr Justice Smith directed that £7,500 be lodged in court for the benefit of Ciara until she was 18 and the remaining £13,000 be invested by the parents.