The parents and other relatives of a baby girl who died 13 years ago, shortly after undergoing an operation, are to be paid a total of €120,000 following settlement of their action against a medical doctor at the High Court yesterday.
The proceedings arose from the death of 11-month-old Dawn Walsh, on May 31st, 1991, at the Regional Hospital, Limerick. The child had been admitted four days previously for surgery for a bowel problem.
Separate actions were taken by Dawn's parents, Ms Marianne and Mr Martin Walsh, Gort Road, Ennis, Co Clare, against the Mid Western Health Board and Dr William Joyce, who was then employed by the board at the hospital. Proceedings against the health board were discontinued last year, but they continued against Dr Joyce.
Mr and Ms Walsh claimed that, because of negligence and breach of duty, which resulted in Dawn's death, they suffered nervous shock which had resulted in upset, disturbance and distress. The settlement figures in respect of the claim were not disclosed in court, but they said later they are to be paid €50,000 each, plus costs.
In a separate action, Ms Walsh's father and Dawn's grandfather, Mr Sean O'Donovan, Ballinacurra Gardens, Limerick, sued on behalf of the parents and other relatives for alleged mental distress. That action was settled in court yesterday for €20,100, which is to be divided among the other Walsh children, plus costs.
Outside court, Ms Walsh said it was now 13 years since Dawn's death. They had only received an admission of liability by Dr Joyce last year.
"We have fought for this day," Ms Walsh said, "This is Dawn's day. We feel this is for Dawn." The Walshes have four other children: Martin (17), Emmet (12), Cormac (10) and Aideen (6).