€2.4m award for brain damaged girl

A seven year old girl who as a baby suffered brain damage due to water on the brain has settled her High Court action with an interim payment of €2.4m for the next 10 years.

A High Court judge had previously found the condition which caused damage to Ava Kiernan as a baby would have been detected if a public nurse during regular check ups had taken appropriate action.

Ava through her mother Ruth Kiernan, of Cillcarbin, Duleek , Co Meath, had sued the HSE for negligence claiming her serious neurological symptoms which were attributable to hydrocephalus- water on the brain- were caused by the failure to detect the condition prior to its causing significant damage.

The HSE had denied the claims but said there was an incorrect head circumference measurement recorded on September 8, 2008.

Ava’s father Andrew Kiernan, in a statement to the court, said the settlement marked the beginning of a new life for their daughter.

“As a family, the last seven years have been extremely difficult and we are delighted to be standing here in a position where we can finally put the pressure and stress that this case has brought behind us. This court has proven to us all that numerous mistakes were made in the care and attention that Ava received as a baby.

“Unfortunately, when mistakes are made in the medical profession, somebody suffers as a result. It is disgraceful to think that having suffered at the hands of mistakes, families must then suffer even further stress and heartache in order to uncover the truth and secure the future care needs of their children.

“As a result of the lack of candour by the medical profession in Ireland and in this case the HSE and the State Claims Agency, we have been forced to put our lives and the lives of our children in an extremely perilous position so that we can understand why Ava suffered her injuries and to secure the services and care that she will no doubt need for the rest of her life.”

Mr Kiernan said it was unacceptable the HSE and the State Claims Agency “can deny liability for Ava’s injuries and can take our family to the brink of the Court of Appeal knowing the evidence before them, the suffering Ava has to endure and the impact on our wider family.”

He said the family sincerely hope lessons have been learned as a result of Ava’s case.