Claim that boy suffered brain injuries at pool

A young man is in a permanent vegetative state from which he is not expected to recover after getting into difficulties in a swimming pool, the High Court has heard.

It has been claimed that lifeguards on duty at the Leisureworld pool in Cork on January 28th, 1998, failed to respond swiftly or to administer resuscitation appropriately, were "extremely incompetent" and appeared to panic when the situation arose, Mr Justice Hanna was told yesterday.

It was also stated that a Red Cross member who had trained people in cardio-pulmonary resuscitation and who saw the boy get into difficulties would tell the court that when she tried to resuscitate him, she was told to go away and had to watch as resuscitation was incorrectly administered by the lifeguards.

The claims were made by Mr Michael O'Donoghue SC at the opening of an action for damages brought by Mr Ian Murphy, now aged 21, and suing through his mother, Ms Joy Murphy, Sandown Crest, Togher, Cork.

The proceedings are against Cork City Council and Sport Ionad Reigiúinach Chorcaí Teoranta, trading as Leisureworld, with an address at Model Farm Road, Cork. The defendants have denied negligence or liability.

The court was told there would be conflict regarding many matters in the case, including a serious controversy about to what extent Ian might have suffered a hypoxic result to the brain underwater. There would be conflict about when the lifeguards got to Ian first and how they responded. The lifeguards would say they responded swiftly and appropriately, the court heard.

Mr O'Donoghue said Ian got into difficulties while swimming underwater at Leisureworld.Before the accident, he was a healthy teenage boy who enjoyed hunting with beagles and who was a comfortable swimmer. Four lifeguards were on duty, two poolside and two in administration.

Ian's cousin Wayne Callanan noticed Ian was in difficulties about 1.5 to 2 metres behind him and with the help of other swimmers, they took Ian from the water. It would be claimed that the two lifeguards were talking to each other and were not conscious of Ian's difficulties until he was pulled from the pool.

A number of swimmers at the pool were qualified to administer CPR, including Ms Bernadette O'Neill, a member of the Irish Red Cross who had trained others in CPR, Mr O'Donoghue said.

Ms O'Neill would say he was moaning and she put him in the recovery position, on his side, and obtained a carotid pulse. She had also put her ear to his face and heard him breathing.

She would say that a female lifeguard had then put Ian on his back and that Ms O'Neill herself, with a male lifeguard, returned Ian to the recovery position. Ms O'Neill would say the female lifeguard again put him on his back at which point Ms O'Neill noticed his lips turning blue and his colour deteriorate.

Ms O'Neill would say when she asked that Ian be returned to the recovery position, she was told to go away and leave him alone. She would say lifeguards had attempted CPR and chest massage, but were not doing these properly.

A woman then came on the scene, identified herself as a cardiac nurse and took over. Ian was then brought by ambulance to Cork University Hospital.

Mr O'Donoghue said he would be calling a medical expert who believed that Ian's brain damage resulted from cardiac arrest which occurred at the poolside and not in the pool. He said Ian had suffered hypoxic brain injury.

He remains in a permanent vegetative state. He is blind, probably or possibly deaf, doubly incontinent and will require nursing care for the rest of his life. He is also spastic and in a wheelchair.

Since August 2001 Ian has been in St Finbarr's hospital under the care of the Southern Health Board. He is expected to remain there for the rest of his life, but his family hope that with modifications to their home, he may be able to spend weekends there.