A SEVERELY disabled young girl is to receive €4.75 million in settlement of her High Court action over “devastating and permanent injuries” suffered due to alleged failure to treat her hydrocephalus condition in the weeks and months after she was born.
Jade Keane (9) was born at the National Maternity Hospital, Holles Street, Dublin, on March 21st, 2001, and suffered brain damage which has left her blind, wheelchair-bound and requiring care for the rest of her life.
It was claimed the cause of the injuries was hydrocephalus, also known as water on the brain.
Through her mother Gillian Keane, Wyattville Park, Loughlinstown, Co Dublin, the child sued the HSE, Dr Dermot Stones, Albany Court, Shanganagh Road, Ballybrack, Co Dublin, and the hospital over alleged negligence and breach of duty of care in relation to her treatment.
Mr Justice Iarfhlaith O’Neill yesterday approved the settlement of €4.75 million, plus costs, to Jade. Her family welcomed the settlement, which was against the HSE and the hospital only, but the court will next week hear an application by those defendants against Dr Stones for indemnity or contribution in relation to the damages.
Denis McCullough SC, for Jade, said negligence had been admitted in the case, but all the defendants had disputed the claims as to cause of injury. Hydrocephalus was a condition in which there was an accumulation of cerebrospinal fluid in the ventricles of the brain, he said.
Due to increased intracranial pressure, Jade’s head began to enlarge.
After she was discharged from hospital, the child was seen by a public health nurse at Loughlinstown Clinic seven times between April 9th and June 5th, 2001, he said. She also attended her GP, Dr Stones, on April 30th and May 15th and 28th, 2001.
In the child’s claim, it was alleged she had suffered from the hydrocephalus condition in the weeks after she was born. The defendants had pleaded Jade had hydrocephalus both at and before her birth, and her injuries were caused by a pre-existing condition.
In its defence, the hospital said Jade’s head circumference was 39cm when she and her mother were discharged a few days after the birth. It admitted that with such a head circumference Jade should have been been reviewed by a doctor and a follow-up should have been planned. In his defence, Dr Stones denied any negligence or that he failed to recognise Jade was suffering from the condition.