€1.45m settlement for girl (7) with cerebral palsy

A seven-year-old girl with cerebral palsy allegedly as a result of her mother not being referred to hospital with symptoms of pre-eclampsia is to receive a €1.45 million interim payment under a settlement of her High Court action.

Ruby Leanne McCandless has diskinetic cerebral palsy, the court heard and will need care for the rest of her life.

The court heard the child’s mother, Christina McDaid, had high blood pressure at the end of her pregnancy and should have been referred to hospital immediately.

Ruby Leanne McCandless, Foxwood, Gleneely, Co Donegal, had, through her mother, sued the HSE in relation to the care Ms McDaid received at the end of her pregnancy in 2006.

Failure to diagnose
It was claimed there was a failure to diagnose and treat Ms McDaid's pre-eclampsia at the earliest reasonable opportunity and a failure to have her admitted to hospital to have her high blood pressure properly monitored and managed.

It was further claimed there was a failure to warn Ms McDaid she should have her blood pressure checked again should she develop headaches and nausea.

The case was before the court for assessment of damages only. The €1.45 million interim payment includes care for the next four years when the case will come back to court for Ruby’s needs to be further assessed.

Ms McDaid was due to give birth on March 30th, 2006, and it was claimed her blood pressure was normal up to March 28th. She attended her last antenatal check up at Carndonagh Community Hospital on March 28th, 2006. During the appointment, it is claimed it was noticed she had a problem with her blood pressure.

In the days leading up to the appointment, she developed swelling around her ankles. At the hospital, her blood pressure was taken four times.It is claimed there was also swelling on Ms McDaid’s face, hands and ankles. When she was examined a doctor indicated her elevated blood pressure was a borderline case and told her to visit her GP on March 31st, it was claimed.

The next day Ms McDaid's ankles and face were still swollen and she had a headache. On March 30th, her right hand had started to shake and her face had started to droop and she began to lose power over her tongue. An ambulance was called but Ms McDaid blacked out and her next recollection was waking up on March 31st.

Having fits

The court heard she was rushed to Letterkenny General Hospital which was 45 miles away and was having fits and was unconscious

The court heard Ms McDaid suffered a series of pre-eclamptic fits and there was a lack of oxygen to the baby. Ruby was later delivered by Caesarean section and needed resuscitation. She spent the 11 days in intensive care.

Ms Justice Mary Irvine approved the settlement and interim payment.