This was a legal action brought by the family of a Belfast child left brain damaged shortly after her birth.
The Plaintiff was born at the Trust’s Maternity Hospital following emergency caesarean section. Prior to her birth a diagnosis had been made of a heart defect and this was confirmed following delivery. Some two months after her birth she underwent a cardiac catheterisation and balloon valvuloplasty in order to correct the defect which had been diagnosed. Unfortunately, during the course of the procedure difficulties were encountered.
The procedure was such that it required the insertion of a sheath by which the catheter was introduced. That sheath was put into a vein in the patient’s legs. The sheath was not removed until 8 hours after the commencement of the procedure. After the operation had been completed it is understood that a clot formed as a consequence of the presence of the sheath. It was the Plaintiff’s case that the medical personnel should have anticipated this problem and should have administered medication in order to prevent the clot forming. Unfortunately the clot travelled from where it was formed to the Plaintiff’s brain and she suffered an injury.
As a consequence of the clot the Plaintiff suffered a stroke resulting in right sided hemiplegia and seizure activities. She now requires 24 hour care and supervision and this will be the case for the rest of her life. She is confined to a wheelchair for most of her mobility requirements and she will always require assistance with mobility and transport. She has severe learning difficulties and has received and will receive specialised education provision to attend to these difficulties. She has slurred speech. She has a right convergent squint which is permanent. She has limited use of her right arm and leg. She is incontinent and must wear nappies. She is at an ongoing risk of developing pressure sores. She requires assistance with personal cleaning and grooming. She requires assistance at meal times to cut up food. She is and will remain vulnerable to abuse and exploitation and requires supervision in order to protect her from this. She will never be capable of managing her personal affairs and she will never be capable of undertaking paid employment.
The family approached Patrick Mullarkey of Campbell Fitzpatrick to investigate the circumstances of the care provided to her daughter. Pursuant to her instructions we undertook a thorough review of the medical records. We determined that further investigation of the case was required and we set about engaging the appropriate and necessary expertise. Having secured reports from various medical specialities, we then formalised the pleading of the case and moved to have the action set down for hearing. The case was ultimately listed for hearing during the autumn term in 2010.
Prior to the commencement of the hearing, the representatives acting on behalf of the Defendant agreed to negotiate in association with the case. A meeting of the medical experts was convened on the first day of the hearing which led to agreement between the medical experts in relation to the mechanism of the injury and the effect of the injury. Negotiations on the value of the case then persisted during the course of that week and into the next. Happily for all involved a settlement was agreed between the parties. Whilst the precise sum remains confidential, substantial damages, running to millions of pounds, were paid to the Plaintiff and her carers to cover such diverse heads of damage as the personal injuries sustained, past and future loss of earnings and past and future care. The family were also awarded their costs in association with the case. As noted, this case was prosecuted with the assistance of a legal aid certificate issued by the Northern Ireland Legal Services Commission and for that the family are very grateful.