A teenage boy with spina bifida who sued over the care he received at two hospitals when he was a baby has settled a High Court action with a €4 million interim payment.
High Court judge Mr Justice Paul Coffey said he found the facts of John O’Brien’s case “very disturbing” and he said the boy’s mother “was failed at every step of the journey.”
It was claimed against Cork University Hospital (CUH) that John displayed the signs of infection and meningitis after surgery had taken place related to his spina bifida, but there was a failure to treat him with appropriate or timely antibiotic therapy.
The baby who developed meningitis was later transferred to Children’s Health Ireland (CHI) Crumlin in May 2008.
John’s counsel, Liam Reidy SC instructed by Cantillons Solicitors, told the court that from June 2008, John’s mother was begging clinicians to do something for her son who had changed from “an alert smiling baby to a baby who was screaming and roaring 24 hours” and whose head had also started to grow inappropriately.
Liability was admitted in the case.
In a statement outside court, Ms O’Brien said when John was born in April 2008, they trusted the various medical professionals to look after him and give him the care he needed.
“Sadly, that did not happen. At the time we fought for him, but we were not listened to. As a result he now lives with significant mental and physical injuries and is blind,” she said.
Her son, who is now aged 15, is dependent on his family for everything, she said.
“He cannot tell us when he is in pain or basic things such as when he's hungry or thirsty. He is loved beyond words and our lives centre around him,” she said.
Referring to the admission of liability last month, Ms O’Brien said it was “bittersweet and confirms that John could and should have had a very different life.”
She added: “It did not need to end up this way, if only they listened to us when we pleaded with them to intervene. The money awarded will not cure any of his significant injuries but it will hopefully allow him to live a more comfortable life.”
John O’Brien from Co Kerry had, through his mother Helen O’Brien, sued the HSE over the care he received at CUH when he was a baby and against CHI over the care received at CHI Crumlin.
He was born on April 11th, 2008, and was transferred to CUH for repair of a defect related to his spina bifida. He was discharged from the hospital on April 26th, the court heard, but was readmitted on April 29th to CUH when the site of the surgery began to leak.
Mr Reidy said from then on there were a series of matters which amounted to negligence and breach of duty.
John, he said, was not given antibiotics until late on April 30th, though his mother on the advice of a nurse had asked about antibiotics. On May 2nd John developed seizures and was diagnosed with meningitis.
‘It could have been avoided if the proper care was given at the crucial time of his admission on April 29th,” Mr Reidy said.
John was admitted to CHI at Crumlin on May 9th 2008.
Mr Reidy said experts say if somebody with spina bifida gets meningitis there is a high likelihood of a build up of fluid on the brain, which requires treatment with a shunt.
“It is sad to say from June 2008, the mother was begging clinicians to do something for her son who had changed from a happy smiling baby to a child who was screaming and roaring 24 hours a day,” Mr Reidy said.
He said the fact that the child’s head had started to grow inappropriately was also completely ignored.
In February 2009, a brain shunt was inserted at another hospital and Ms O’Brien told the court at that stage her son was nine months old and had an adult-sized head.
The case will come back before the court in 2028 when John’s future care needs will be assessed.
