Boy, 10, will need two more kidney transplants following error at Cork hospital

Counsel argues 'most or all' of renal damage injury could have been avoided if baby had been delivered earlier

Lihong Wang, from Drumcondra, Dublin, whose son, Yan Sun, settled his case against the HSE for € 1.8m. Picture: Collins Courts

A 10-year-old boy who had to have a kidney transplant three years ago and will need another two in his lifetime has settled for €1.85m a High Court action over his care at the time of his birth.

Yan Sun was delivered by caesarean section at Cork University Hospital in 2010 and suffered a massive loss of blood and renal damage, his counsel told the court. He had his first transplant three years ago.

His counsel Bruce Antoniotti SC, with James O'Donnell Bl instructed by Kent Carty Solicitors, told the court it was their case that the baby should have been delivered earlier. 

Counsel said if a wave-like pattern on the CTG trace had been noticed and the baby delivered earlier it was their case Yan Sun "would have escaped most or all of his injury“. He said that Yan Sun is going to need two more transplants when he is in his 20s and 50s.

Counsel said liability was at issue in the case and the HSE contended that if the baby was delivered earlier, it would not have made a difference.

Yan Sun, of Drumcondra, Dublin, had through his mother Lihong Wang sued the HSE over the care he received at CUH in February 2010.

Ms Wang had attended the emergency room of the hospital in the early hours of February 12, complaining of reduced fetal movements.

A CTG trace was commenced and Ms Wang was transferred to the high dependency unit. It is claimed that despite clear recordings indicating a wave-like pattern, which is indicative of fetal anaemia, the baby was not delivered until 6.55am on February 12. The baby was in poor condition and at the time it appeared he had suffered damage to his brain and kidneys.

Mr Antoniotti told the court Yan Sun suffered a massive blood loss. Luckily there was no brain damage but he suffered renal damage. He had to be ventilated for six days and was in hospital for 26 days after his birth. The family had to relocate from Limerick to Dublin as he attends hospitals in the capital.

It was claimed there was an alleged failure to identify the pattern of the CTG trace in a timely manner and an alleged failure to carry out an earlier delivery. It was further claimed there was an alleged failure to promptly resuscitate the baby and an alleged failure to examine the baby's mother in any adequate way.

The claims were denied and the court heard liability was at issue in the case.

Counsel said Yan Sun leads a full and active life. He enjoys school and is doing very well and is fluent in both Mandarin and English.

Approving the settlement, Mr Justice Kevin Cross said he knew Yan Sun and his family had been through a lot but thankfully the boy has done much better. The judge said the settlement was a very good one and he wished the family all the best for the future.

The High Court also heard that a separate action taken by the boy's mother had also been settled.