A 14-YEAR-OLD boy who suffered permanent brain damage as a result of allegedly excessive doses of experimental treatment for leukaemia at Our Lady's Hospital for Sick Children in Crumlin is to receive €2.7 million in settlement of a High Court action.
Following the settlement, Catherine and Liam Malone, parents of William, who will require care for the rest of his life, called for an inquiry into all aspects of how the hospital provided treatment for children suffering leukaemia.
William, of Millview Lawns, Malahide, Co Dublin, had brought an action through his mother against the hospital and consultant oncologists Dr Anne O'Meara and Dr Finn Breathnach alleging negligence in how he was treated for leukaemia between January 1998 and 2002.
It was claimed the defendants wrongly administered intravenous high dose Methotrexate, a toxic drug used in the treatment of cancer, and also administered 14 injections of the same substance into William's spine over a nine-week period which allegedly resulted in neurological injuries.
It was also claimed that the defendants had failed to properly diagnose a relapse of William's leukaemia.
Denis McCullough SC, for William, told Mr Justice Eamonn de Valera yesterday the matter had been settled for €2.7 million, plus costs. The judge, who approved the settlement, was told the case was settled after "protracted negotiations". The case had been due to open this week and run for six weeks.
There was no admission of liability by the defendants, who had fully denied all the claims against them, counsel said.
The court was told William was diagnosed with leukaemia in January 1998 but responded well following chemotherapy at Our Lady's hospital, and by January 2000 appeared to be in recovery.
However, in summer 2000 he became ill and sought treatment. In August 2000, he was deemed to have suffered a relapse and was put by the hospital on a treatment devised in Germany known as the Berlin Frankfurt Munster (BFM) Protocol.
Mr McCullough said BFM was an experimental chemotherapy treatment consisting of a number of different drugs being administered to those with high-risk childhood leukaemia.
It was William's case that BFM was a pilot concept used without any peer review which had not been used in any clinical practice anywhere in the world and had not at the time been adopted by the hospital's ethics committee. Approval for the protocol was granted by the hospital committee after William's treatment, Mr McCullough added.
He said his side was contending that the BFM was not properly followed by the defendants. Between August 19th and October 26th 2000 William received intravenous high doses of the drug methotrexate and 14 injections of it into his spinal canal.
The claim was that the amount of treatment was excessive and caused brain damage, counsel said. According to the protocol, the correct dosage over a nine-week period was six and not 14 injections. As a result of the dosages, it was claimed William suffered injuries to his brain.
While William had recovered from cancer, his neurological injuries were such that he now had the intellectual capacity of a 7-8 year old. His quality of life would never be good and he would always require somebody to look after him, counsel said.
Speaking outside the court after the settlement was approved, Catherine and Liam Malone said they were delighted to secure "a just settlement" for their only child.
"No money would ever compensate William for what happened to him, but the award will mean that he should have sufficient money to provide all the help and care he needs for the rest of his life," Ms Malone said.
In calling for an inquiry, the Malones said they had concerns about other children with leukaemia who had been given the same treatment. They also thanked family members and their legal team for their help and support and the medical professionals who had supported William's case.