Parents lose bid to overturn coroner’s verdict

THE parents of a 16-year-old boy who died at the Mater Hospital in Dublin after 72 days in intensive care have lost their High Court bid to overturn a coroner’s verdict that the cause of death was a rare brain disorder due to an underlying condition.

Mirek Bingham also appeared to have MRSA around the time he was admitted to intensive care, the court noted.

Mr Justice John Hedigan said this was “a very sad story” but he rejected Bernard and Viola Bingham’s claims over the conduct of Dublin city coroner Dr Brian Farrell at the inquest. The Binghams alleged there was a failure to call witnesses who may have given an opinion that alleged delays in diagnosis and treatment of their son caused his death.

Mr Justice Hedigan, stressing the court’s jurisdiction was limited to determining whether the inquest verdict was lawful, said this was a “careful” verdict “based squarely upon the evidence” and was “certainly rational” and lawful. Allegations of unfair procedures were “entirely without foundation”, he said.

There was “ample relevant evidence” before the coroner, including the report of an independent pathologist, upon which he could base his verdict the cause of death was epilepsia partialis continua (EPC) — a rare type of brain disorder in which a person experiences recurrent epileptic seizures — due to an underlying progressive neurological disorder consistent with a mitochondrial defect.

Given a “problematic” relationship between Mirek’s parents and Mater Hospital staff, the coroner had “wisely” chosen an independent outside pathologist, Professor Michael Farrell (no relation to the coroner) to carry out the post mortem, the judge said. Prof Farrell had given detailed evidence at the inquest about the scientific complexities in the case and had “quite forthrightly” stated his view of the cause of the boy’s death was the best he could do.

Reminding Mr Bingham he was entitled to appeal, the judge said the case was “very distressing” and in the particular circumstances he would not award costs against the couple.

Mirek Bingham had had a progressive neurological disorder, probably genetic, the judge had earlier noted.

Owing to serious problems connected with that condition, he underwent a procedure on October 4 1999, to alleviate a swallowing difficulty. He developed twitches in his back muscles three days later which were managed, in accordance with a diagnosis to that effect, as pseudo seizures.

This was a misdiagnosis which was not corrected until after Mirek had a very serious respiratory seizure on October 21 and was removed to the ICU, the judge said. MRSA appeared to have been present at that stage, he added.

The working diagnosis was then revised to EPC with secondary generalised epilepsy. Mirek remained in the ICU for 72 days and died on December 31.