Parents of girl (7) who died in Temple Street settle action over ‘tragic and preventable’ death

The little girl died following a cardiac arrest at the hospital on February 9th, 2019

Lily Daly. Photograph: RIP.ie
Lily Daly. Photograph: RIP.ie

A mother whose seven-year-old daughter died at Children’s Health Ireland Temple Street has said she believes the hospital’s “lack of staffing and proper processes” failed them on the day.

Olivea Maguire was speaking outside the High Court after she and her husband Brian Daly settled for €168,000 their action over the “tragic and preventable” death of their daughter Lily Daly on February 9th, 2019.

Lily had a heart attack in an MRI scanning machine at Temple Street over three hours after a CT scan showed she had fluid on the brain which required surgery to insert a drain, and over six hours after she had been brought to the hospital A&E.

Ms Maguire said six long years after their beautiful daughter’s death, the family have finally received a formal apology and acceptance of liability from Children’s Health Ireland at Temple Street over Lily’s death.

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“We knew Lily was getting worse and worse yet we kept being told her vital signs were OK. We knew they weren’t. Lily was admitted to the hospital at 10am on the day she passed. There was more than enough time to receive the care that could have saved her life,” Ms Maguire said.

Ms Maguire added: “We watched helplessly as Lily’s condition visibly deteriorated throughout the day until she suffered a cardiac arrest in the MRI machine at 5pm. This happened even though after a CT scan doctors had identified just that afternoon that a straightforward procedure could have saved her life.”

Lily Daly's parents Olivea Maguire and Brian Daly, who settled an action against CHI Temple Street over the death of their daughter (7). Photograph: Collins Courts
Lily Daly's parents Olivea Maguire and Brian Daly, who settled an action against CHI Temple Street over the death of their daughter (7). Photograph: Collins Courts

Surrounded by the extended family, Ms Maguire said they know hospital staff dedicate themselves to their patients.

“We deeply respect their hard work and commitment. However, we believe that the hospital’s lack of staffing and proper processes failed Lily and us on that day.”

Ms Maguire also warned those caring for loved ones in hospital to remain vigilant and to keep asking questions.

The family’s counsel Maura McNally SC, instructed by Callan Tansey Solicitors, told the court liability and breach of duty has been admitted by Children’s Health Ireland at Temple Street over Lily’s death. Counsel said it was accepted that the drain insertion to drain fluid from the brain “should have been performed with immediacy.”

In a letter of apology read to the court, the management and staff of Children’s Health Ireland at Temple Street expressed “our deepest condolences and most sincere apologies to you and your family regarding the tragic death of your daughter Lily while she was under our care.”

The letter from Children’s Health Ireland chief executive Lucy Nugent added: “The hospital and its staff profoundly regret the tragic consequences for you and your family, fully acknowledging the immense impact this has had on your lives. Once again, we offer our heartfelt sympathies and apologies for your devastating loss.”

Outside court, the family’s solicitor Roger Murray said an inquest into Lily’s death will be held later this month, and the family hope to learn of changes that may have been introduced by the hospital since to prevent similar such cases and “to demonstrate that Lily’s little life mattered”.

Lily, from Kilmainham, Dublin, and who had a history of a build up of fluid in the brain, was brought to Temple Street at around 10am on the morning of February 9th, 2019 complaining of flu-like symptoms and headache. She was seen by a doctor and a CT scan carried out and showed hydrocephalus, which is fluid on the brain.

The girl needed a drain inserted to remove fluid from her brain and reduce pressure. It was decided that Lily would first have an MRI scan and the procedure to insert the drain would be carried out later in the day.

It was claimed that Lily deteriorated during the day, with vomiting and vision loss.

She was brought for an MRI after 3pm but it was claimed she was sent back to the emergency department as it was claimed the bed she was in was brought through the wrong door to the radiology department and it was noted that there wasn’t adequate staff to lift her from the bed to the MRI scanner.

Lily was brought back for the MRI between 4pm and 4.30pm and her father transferred her onto the scanning machine.

Lily went into cardiac arrest in the scanner and had to be resuscitated. She was transferred to theatre immediately but she later died.

Approving the settlement and the division of the statutory mental distress payment, Mr Justice Paul Coffey said it was a sad and tragic case and he extended his deepest sympathy to Lily’s family on their tragic loss.