Hospital, HSE and doctor to contribute to €4.75m payout

A HIGH COURT judge yesterday found that the HSE, the National Maternity Hospital in Holles Street and a doctor were “grossly inept” in their treatment of a girl who suffered brain damage because of hydrocephalus, and ruled each should pay one third of the €4.75 million award previously made to the child.

Last February, Jade Keane, 10, who sued though her mother, Gillian Keane, Loughlinstown, Co Dublin, secured €4.75m in settlement of the case.

In a judgment yesterday Mr Justice Sean Ryan dealt with the liability issue and apportioned blame equally to the three defendants.

Jade was born at the National Maternity Hospital, Holles Street, Dublin on March 21, 2001, and suffered brain damage that left her blind, wheelchair-bound and requiring care for the rest of her life.

Mr Justice Ryan concluded there was nothing to distinguish the degrees of blameworthiness of the National Maternity Hospital, the public health nurses and Dr Dermot Stones, of Balybrack, Co Dublin, in regard to the tragedy.

“My overall factual conclusions are that each of the defendants, servants or agents were grossly inept in their treatment of this baby. Collectively, their negligent incompetence extended from when the child was two days old until late May 2001, when it was too late to avert disaster.”

In earlier proceedings, each defendant admitted negligence in respect of failure at some point to take appropriate action in response to the baby’s head circumference.

However, they contested liability on the ground of causation, saying that the baby’s condition resulted from an in utero event, and that their admitted failures did not cause the damage or the bulk of the damage.

The action therefore began with liability and quantum in issue.

The judge said: “Although the National Maternity Hospital’s role in Jade’s care was brief, its fault was grave.

“Dr Stones was seriously at fault in his dealing with this baby and fell substantially below a proper standard and it is no excuse to say others were also at fault.

“In the case of the public health nurses... [they] should have noticed Jade’s symptoms long before they did.”