Case Study: October 2024
We are pleased to share the successful resolution of a recent medical negligence case in which we had the privilege of representing a 2 year old girl named Kitty Mae Ronan Hayes.
Kitty Mae sustained severe brain damage because of gross failings in the neonatal care she received at Children’s Health Ireland at Crumlin.
Kitty-Mae was born on 13 October 2022. She was admitted as a patient in the Children’s Heart Centre in CHI Crumlin 4 days later and subsequently diagnosed by MRI with a vascular condition called a Vein of Galen Malformation, a rare but treatable condition.
This MRI showed that Kitty Mae had a healthy normal brain with no injuries when she was admitted to Crumlin. It was determined by her doctors that she would be monitored and that an embolisation of the Vein of Galen malformation be carried out electively in due course. Essentially a procedure to treat her condition.
On 5 November 2022 however Kitty Mae suffered a seizure. It was decided by her doctors that there was no need to carry out the procedure at that stage, that she be closely monitored and that should she suffer further seizures or a deterioration in her condition she would be reviewed again, and urgent imaging would be carried out. Kitty Mae continued to suffer seizures with increasing severity and frequency but her clinicians did not intervene as they ought to have done.
Ultimately, MRI examination on 28 November 2022 showed extensive white matter damage to Kitty Mae’s brain. Despite suffering from repeated and ongoing seizures that indicated her condition was worsening, Crumlin delayed necessary intervention for weeks by which time Kitty-Mae’s healthy normal brain had acquired severe and irreversible white matter damage.
Kitty Mae underwent the embolisation procedure on 29 November 2022, the day after the MRI. The procedure was successful, but it was too late. Arising from the neglect in Crumlin Hospital, Kitty-Mae suffered brain damage causing a grade 5 cerebral palsy – the most severe degree. All four limbs were affected with impairment on her vision, hearing, intellectual function and her mobility. Her life expectancy has been considerably shortened. Her care needs are total and life-long.
Initially, CHI Crumlin contested the case alleged against them, only conceding liability on the eve of trial. The case ultimately settled with a full admission of liability and an apology provided by CHI Crumlin. The settlement included interim damages in the sum of €5,000,000.00 for Kitty Mae. The interim damages of €5,000,000.00 are to cover the period for the next 4 years only and will provide for specialised accommodation, 24-hour care supports and ongoing therapies, many of which are sourced outside Ireland and have been shown to date to have made a significant difference to Kitty-Mae’s disabilities. This case will then come back before the court in 4 years’ time for further assessment of damages.
Due to the lack of provision of necessary therapies for Kitty Mae in the Public Health system in Ireland and the urgent need for those so that her outcome can be optimised, the High Court case managed her case, providing for an expedited path to trial. Proceedings were issued in January 2024 with resolution in October 2024.
It is believed that this is the first time the case of a two-year-old with cerebral palsy has been finalised in Ireland.
For more details on this, please read below:
https://www.rte.ie/news/courts/2024/1017/1476032-crumlin-apology/
https://www.irishexaminer.com/news/courtandcrime/arid-41497910.html
https://www.irishtimes.com/crime-law/courts/2024/10/17/girl-2-secures-5-million-payment-and-apology-over-post-birth-care/
https://www.echolive.ie/corknews/arid-41497928.html
https://www.breakingnews.ie/ireland/hospital-apologises-for-repeated-failings-in-care-of-cork-girl-2-as-case-settled-for-e5m-1684193.html