Boy who sued HSE over alleged delay in appendicitis diagnosis settles action for €87.5k

The court heard the boy's parents had to pay for a private ambulance to transport their son from Wexford General Hospital to a Dublin hospital for surgery when there was no ambulance in Wexford

Conor had been brought to Wexford General Hospital on August 18, 2013, with a three-day history of vomiting and a high temperature. File photo: P.J. Browne

A young boy who sued, claiming that there had been an alleged failure to diagnose his acute appendicitis at a hospital leading to an alleged 24-hour delay before he had surgery, has settled a High Court action against the HSE for €87,500.

The parents of Conor Naughton, who was then four years old, the High Court heard, had to pay for a private ambulance to transport their son from Wexford General Hospital to a Dublin hospital for surgery when there was no ambulance in Wexford.

The family’s counsel, Bruce Antoniotti SC instructed by Liston Flavin solicitors, told the court this followed “a comedy of errors” where a diagnosis of gastroenteritis was made by one hospital section and another section wanted the child transferred to Dublin for surgery as, counsel said, it was believed he had all the signs of peritonitis.

Conor had been brought to the Wexford hospital on August 18, 2013, with a three-day history of vomiting and a high temperature. The next day it was claimed the boy had a spike in temperature and a medical review was suggested and that there would be an attempt to transfer the child to a Dublin hospital.

It was claimed the child’s parents became deeply concerned as time passed due the fact that Conor got sicker and sicker. It was claimed there was a delay in arranging an ambulance for the transfer and the Naughtons decided to pay for a private ambulance which arrived at around 5.30pm on August 19 for the transfer.

Counsel said the parents feared their son, who was in significant pain, might not make it through but he had the abdominal surgery on arrival at Dublin and spent 17 days in hospital.

Counsel said experts on their side would say that the surgery should have been carried out on August 18. Mr Antoniotti said a full defence was filed in the case.

Conor Naughton (now aged 14) of Ballycullen, Dublin, had through his mother Claire Naughton sued the HSE.

Naughton family's claims

In the proceedings, it was claimed there had been an alleged failure to consider adequately or at all the fact that the boy’s history included abdominal pain for three days and signs and features of peritonitis supported by inflammatory markers.

It was further claimed that a diagnosis of gastroenteritis was made and there was an alleged failure to consider adequately or at all the fact that the boy had signs of a “surgical abdomen” and had pain, vomiting and abdominal tenderness.

There was a failure, it was claimed, to transfer the boy to the Dublin hospital on August 18, 2013, and there was an alleged failure to ensure speedy surgical treatment in the case of advanced appendicitis.

All the claims were denied.

Approving the settlement, Ms Justice Carmel Stewart said it was a very distressing time for the parents.