On the 8th day of the trial Augustus Cullen Law succeeded in negotiating the settlement of €4.75million on behalf of Jade Keane, a 10 year old girl who suffered undiagnosed hydrocephalus at birth.
Below are some of the articles:
Girl to get €4.75m for brain damage
The Irish Times – Thursday, February 24, 2011
"A severely disabled young girl is to receive €4.75 million in settlement of her High Court action over “devastating and permanent injuries” suffered due to alleged failure to treat her hydrocephalus condition in the weeks and months after she was born.
Jade Keane (9) was born at the National Maternity Hospital, Holles Street, Dublin, on March 21st, 2001, and suffered brain damage which has left her blind, wheelchair-bound and requiring care for the rest of her life.
It was claimed the cause of the injuries was hydrocephalus, also known as water on the brain.
Through her mother Gillian Keane, Wyattville Park, Loughlinstown, Co Dublin, the child sued the HSE, Dr Dermot Stones, Albany Court, Shanganagh Road, Ballybrack, Co Dublin, and the hospital over alleged negligence and breach of duty of care in relation to her treatment.
Mr Justice Iarfhlaith O’Neill yesterday approved the settlement of €4.75 million, plus costs, to Jade. Her family welcomed the settlement, which was against the HSE and the hospital only, but the court will next week hear an application by those defendants against Dr Stones for indemnity or contribution in relation to the damages.
Denis McCullough SC, for Jade, said negligence had been admitted in the case, but all the defendants had disputed the claims as to cause of injury. Hydrocephalus was a condition in which there was an accumulation of cerebrospinal fluid in the ventricles of the brain, he said.
Due to increased intracranial pressure, Jade’s head began to enlarge.
After she was discharged from hospital, the child was seen by a public health nurse at Loughlinstown Clinic seven times between April 9th and June 5th, 2001, he said. She also attended her GP, Dr Stones, on April 30th and May 15th and 28th, 2001.
In the child’s claim, it was alleged she had suffered from the hydrocephalus condition in the weeks after she was born. The defendants had pleaded Jade had hydrocephalus both at and before her birth, and her injuries were caused by a pre-existing condition.
In its defence, the hospital said Jade’s head circumference was 39cm when she and her mother were discharged a few days after the birth. It admitted that with such a head circumference Jade should have been been reviewed by a doctor and a follow-up should have been planned. In his defence, Dr Stones denied any negligence or that he failed to recognise Jade was suffering from the condition."
Court approves €4.75m award for girl (9) over brain injuries
The Irish Independent – Thursday, February 24, 2011
"The High Court has approved an award of €4.75m to a girl who suffered “devastating and permanent injuries” due to alleged medical negligence after she was born.
Jade Keane was born at the National Maternity Hospital (NMH), Holles Street, Dublin, on March 21, 2001.
As a result of an alleged failure to treat her, she was left with hydrocephalus, also known as “water on the brain”.
As a result, she is blind, wheelchair-bound, and will require care for the rest of her life.
Through her mother Gillian Keane, Wyatville Park, Loughlinstown, Dublin, she sued the HSE, Dr Dermot Stones (GP) of Albany Court, Shanganagh Road, Ballybrack, Dublin, and the NMH over alleged negligence and breach of duty of care in relation to her treatment.
Yesterday, Mr Justice Iarfhlaith O’Neill approved the award of €4.75m, plus costs, to Jade.
Speaking afterwards, Jade’s family welcomed the settlement.
The settlement was against the HSE and the hospital only. However, the HSE and the hospital are to continue an action seeking a contribution and or an indemnity against Dr Stones next week.
In their defence, it was argued that Jade had hydrocephalus both at and prior to her birth and her injuries were caused by a pre-existing condition.
Lawyers for Jade said she suffered from the condition in the weeks after she was born.
Denis McCullough, senior counsel for Jade, said yesterday that negligence has been admitted in the case but all of the defendants had disputed the claims as to the cause of the injuries. Jade’s family, Mr McCullough said, were happy to accept the offer, in an action that had a full value of €7m.
Hydrocephalus is a condition in which there is an abnormal accumulation of cerebrospinal fluid (CSF) in the ventricles, or cavities, of the brain. Due to increased pressure inside her skull, Jade’s head began to enlarge.
It was claimed that Jade’s head circumference was measured at 35cm when she was discharged from Holles Street, and that she was feeding normally and able to smile. Counsel said it was difficult to accept the child would have been discharged from the hospital if her head circumference was 39cm as the hospital subsequently claimed.
After she was discharged, she was brought to the family GP and to a public health nurse at Loughlinstown Clinic on several occasions.
She was diagnosed with hydrocephalus in June 2001 and had emergency surgery."
€4.75m for the girl left blind and in her wheelchair
Irish Daily Mail – Thursday, February 24, 2011
If you have any further queries, please contact any of the following from our Medical Negligence Group:
- Michael Boylan, Partner
- Joice Carthy, Partner
- Gillian O’Connor, Consultant
- Jamie Hart, Associate Solicitor
- David McKechnie, Associate Solicitor
- Ian Lavelle, Associate Solicitor
24 February 2011