Dylan Kenny V HSE
The Plaintiff in this case, a seven year old Waterford Boy secured an additional payment of almost €500,000 (€498,500) at this second hearing of his case. The award was obtained to cover the care and equipment required by Dylan Kenny for a further period of three years. Dylan, born at Waterford Regional Hospital on 16th January 2010, had obtained an interim payment of €2 million plus costs at the first hearing of the case in October 2014, when he was only 4 years old, at which time liability was admitted and an apology was given on behalf of the hospital. (http://www.aclsolicitors.ie/news-events/current-news/augustus-cullen-law-secures-€2-million-interim-payment-for-4-year-old-waterford-boy)
The Plaintiff suffers from quadriplegia with dystonic elements due to injuries sustained at the time of his birth. He is affected both in terms of his cognitive ability and his motor function, but particularly with regard to motor function. An unusual aspect of the original case was the fact that Dylan was awarded a sum to cover a procedure known as a Selective Dorsal Rhizotomy, which procedure was carried out shortly after the original settlement. This procedure is a neurosurgical procedure that selectively destroys problematic nerve roots in the spinal cord. It is carried out in certain cases where the patient is a suitable candidate, and in particular the patient needs to have sufficient strength in his/her core for the procedure to be of significant benefit to them. It can relieve the negative symptoms of spasticity. After Dylan had the procedure carried out, his parents were very pleased with the outcome and the gains they feel it has helped Dylan to make. His parents feel that it has improved his motor function and even his speech and sleep have improved following the surgery.
Although he has significant motor problems, Dylan is able to use a powered wheelchair and he also uses a walker and a trike.
Dylan is a bright and sociable little boy, he can use an interactive white board and really enjoys interacting with his class mates and participates very well at school.
Given Dylan’s young age and the fact that at the time of the second interim settlement, no suitable periodic payment order legislation was yet in place, his parents agreed to seek a further interim payment to cover a three year period from October 2017 to October 2020.
The case settled on the trial date of 10th October 2017, following a failed settlement meeting a week before. The categories of damages claimed in this second interim payment included care, aids and appliances, physiotherapy, speech and language therapy, occupational therapy and assistive technology.
If you have further queries, please contact Joice Carthy, Partner, Medical Negligence Department.
24 April 2018