Two children who, it was claimed, were prescribed an anti-psychotic drug when they were treated by South Kerry Child and Adolescent Mental Health Services (Camhs) have settled their High Court actions.
In each case, in addition to the compensation, an “uplift” of thousands of euros was added by the mediator reviewing the cases over the way each boy and his family were treated by South Kerry Camhs.
In the High Court, Ms Justice Emily Egan approved the settlements against the HSE presented to the court by the boys’ legal team, Michael Sutton SC, instructed by Dan O’Connor solicitor, and included an award of €77,500 to the now 16-year-old and €30,000 to the boy who is now 13.
In the first case, the now 16-year-old was referred to Camhs when he was five-years-old, and the following year he was diagnosed with ADHD.
It was claimed the boy was inappropriately commenced on treatment with Risperidone, an anti-psychotic drug, in October 2019 for a period of 14 months.
It was further claimed that no rationale for this treatment was explained to his parents.
The court heard the boy frequently fell asleep at school and also experienced weight gain.
Instead of being monitored and overseen, he and his family were poorly treated with their concerns not taken seriously.
In his determination, mediator Hugh Mohan SC said the boy, who has now improved considerably, is entitled to €70,000 compensation, but there must also be an uplift.
He said that uplift arises because the way in which the boy was “treated throughout the system”.
“Instead of being monitored and overseen, he and his family were poorly treated with their concerns not taken seriously,” Mr Mohan added.
The mediator noted “the system” did engage with the boy through other doctors from 2020 onwards, leaving him in an improved state.
He therefore considered €7,500 to be a reasonable uplift, bringing the final settlement figure to €77,500.
In the second case, the now 13-year-old boy was referred to Camhs four years ago, and was diagnosed with ADHD.
In his determination, Mr Mohan said it seems to be the case that the boy was unnecessarily prescribed Risperidone for eight months.
He also noted the boy’s parents suffered significant distress, and the non-treatment of the boy’s ADHD symptoms caused more difficulties for him at school and at home.
Assessing compensation at €25,000, Mr Mohan said there must be an uplift because of how the boy “was treated throughout the system”.
Instead of being monitored and overseen, Mr Mohan said the boy and his family were “poorly treated and their concerns not taken seriously”.
The court heard the issues with this boy’s treatment were not for a prolonged period of time, and he is now in a much-improved situation.
Mr Mohan assessed the uplift at €5,000, bringing the second boy’s total award to €30,000.
A State compensation scheme was set up in 2022 after the controversy over the care provided by South Kerry Camhs was revealed.
A look-back review of the care of 1,300 young people who attended the HSE-run service also took place, finding that the care received by 240 young people did not meet the appropriate standards, adding that significant harm was caused to 46 children.
