Kerry teenager settles 'very disturbing' case over hospital care after birth
John O’Brien was born on April 11, 2008, and was transferred to Cork University Hospital for repair of a defect related to his spina bifida. File Picture
A 15-year-old boy with spina bifida who sued over the care he received at two hospitals when he was a baby has settled a High Court action with a €4m interim payment.
High Court judge, Mr Justice Paul Coffey said he found the facts of John O’Brien’s case “very disturbing” and he said the boy’s mother “was failed every step of the journey”.
It was claimed against Cork University Hospital that at all material times that John displayed the signs of infection and meningitis secondary to the surgical repair which had taken place related to his spina bifida, but there was a failure to treat him with appropriate or timely antibiotic therapy.
The baby who developed meningitis was later transferred to CHI Crumlin in May 2008.
John’s counsel, Liam Reidy SC instructed by Cantillons Solicitors, told the court it was sad to say from June 2008, John’s mother was begging clinicians to do something for her son who had changed from “an alert smiling baby to "a baby who was screaming and roaring 24 hours" and whose head had also started to grow inappropriately.
Liability was admitted in the case.
In a statement outside court, Helen O’Brien from South Kerry said when John was born in April 2008, they trusted the various medical professionals to look after him and give him the care he needed.
“Sadly, that did not happen,” she said.
Her son, she said, is dependent on his family for everything. “He cannot tell us when he is in pain or basic things such as when he's hungry or thirsty. He is loved beyond words and our lives centre around him," she said.
Referring to the admission of liability last month, Ms O’Brien said it was “bittersweet and confirms that John could and should have had a very different life.”
She added: “It did not need to end up this way, if only they listened to us when we pleaded with them to intervene. The money awarded will not cure any of his significant injuries but it will hopefully allow him to live a more comfortable life.”
John O’Brien (15) from South Kerry had through his mother Helen O’Brien sued the HSE over the care he received at Cork University Hospital (CUH) when he was a baby and against Children’s Health Ireland (CHII) over the care received at CHI Crumlin.
He was born on April 11, 2008, and was transferred to CUH for repair of a defect related to his spina bifida. He was discharged from the hospital on April 26, counsel said, but was readmitted on April 29 to CUH when the site of the surgery began to leak.
Counsel said from then on there were a series of matters which amounted to negligence and breach of duty. John, he said, was not given antibiotics until late on April 30 though his mother, on the advice of a nurse, had asked about antibiotics. John, on May 2, developed seizures and was diagnosed with meningitis.
"It could have been avoided if the proper care was given at the crucial time of his admission on April 29,” counsel said.
John was admitted to CHI at Crumlin on May 9, 2008.
Counsel said experts would say that with somebody with spina bifida who gets meningitis there is a high likelihood of a build up of fluid on the brain which requires treatment with a shunt.
Counsel said:
He said the fact that the child’s head had started to grow inappropriately was also completely ignored.
In February 2009, a brain shunt was inserted at another hospital and Ms O’Brien told the court at that stage her son was nine months old and had an adult size head.
The case will come back before the court in 2028 when John’s future care needs will be assessed.
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