A four-year-old boy who has been left profoundly brain damaged after an operation at Our Lady’s Hospital for Sick Children, Crumlin, yesterday launched a High Court action for damages.

Jude Miley was only six months old when a suture used in an operation to release his diaphragm and help his breathing remained untrimmed causing damage to the heart muscle. Two days later, Jude had a heart attack and had to be rushed to theatre for emergency surgery which saved his life.

Mr Justice Anthony Barr approved a €1.8m settlement figure for the provision of accommodation and loss of earnings at the outset of the hearing yesterday. He approved €900,000 for loss of earnings and €900,000 towards the purchase of a house. The court now has to assess damages in the case and the cost of care.

Liability was admitted in the case last year.

Jude’s counsel Liam Reidy said Jude’s parents sought explanations and were told it was a risk of the original operation, and there was nothing that could be done. “They were not told a mistake had been made and a suture had been left untied down and every time poor baby Jude took a breath he was causing injury to his heart.”

The Mileys asked to be involved in the hospital internal investigation but counsel said they were not consulted or kept informed.

Jude Miley, of Holywell, Upper Kilmacud Road, Dundrum, Dublin, has through his father Greville Miley sued Our Lady’s Hospital for Sick Children, Crumlin.

Jude was born on July 16, 2011, and by January of the following year, a condition regarding the contour of his diaphragm was diagnosed. Surgery was carried out on January 24, 2012 which Jude’s side contended was below the standard of care.

Both parents had to give up their jobs to care for their son and take him to overseas appointments.

The case continues tomorrow.


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