Girl, 4, settles case over alleged delay in meningitis diagnosis for €1.7m interim pay-out

An expression of regret from Portiuncula Hospital read to the court said 'we sincerely apologise for the distress'

Amna Shafiq with daughter Rehmah Shafiq outside the High Court in Dublin today. Rehmah Shafiq settled her action against the HSE. Picture Collins Courts

A four-year-old girl who sued over an alleged unnecessary delay in diagnosing her meningitis as a newborn baby has settled her High Court action against the HSE with an interim pay-out of €1.7million.

It was claimed there was also an alleged failure to screen and start Rehmah Shafiq on antibiotics immediately after birth at Portiuncula Hopsital, Ballinasloe, Co Galway. 

Rehmah Shafiq further alleged against the HSE that there was a failure in hospital to appreciate the signs of sepsis in the first hour of life. Rehmah was born on July 8, 2019, but was not started on antibiotics for another two days when a diagnosis was made.

Her counsel, Bruce Antoniotti SC instructed by Byrne Carolan Cunningham Solicitors, told the High Court it was their case that the baby should have been given antibiotics sooner and if she did she would not have suffered from the meningitis. He said with the meningitis a blood clot formed in the baby’s brain and it is claimed she suffered a brain injury.

Mr Antoniotti said antibiotics were not started for two days after birth. “We say it should have been done sooner and if it did she would not have suffered from the meningitis," he added.

An expression of regret from Portiuncula Hospital was read to the court.

It said: 

The management and staff of the hospital wished to express their regret that some aspects of the care provided to the patient and her baby did not reach the standard to which we aspire and we sincerely apologise for the distress this has caused. 

Counsel told the court that the HSE admitted a breach of duty and that there were signs of infection after birth and that there should have been a sepsis work-up and antibiotics should have been administered. Causation still remained at issue in the case.

The settlement which was reached after mediation provides for an interim payment for the next five years when the little girl’s future care needs will be assessed. Counsel said the settlement will include the provision of an SNA for Rehmah at school.

The little girl, he said, suffers from hyperactivity, has poor coordination and needs help at school. Rehmah’s mother, who prior to her daughter’s birth was a developmental scientist, now looks after her daughter full time.

The little girl at one stage interrupted the proceedings in the Four Courts with her singing and Mr Justice Coffey said it was a lovely sound to hear.

Outside court the family solicitor Dolores Gacquiin said Rehmah’s acquired brain injury has life-long consequences.

“She is a much-loved precious and energetic little girl. The interim settlement will ensure that her every need for the next five years is met,” she said.

Case background

Rehmah Shafiq, previously of Racecourse Road, Roscommon, but now living in Athlone, had through her mother Amna Shafiq sued the HSE over her care at Portiuncula Hospital, Ballinasloe, in July 2019.

The mother, Amna Shafiq, was admitted to Portiuncula Hospital on July 8, 2019, for induction of labour and her baby was born that evening. It was claimed that at Portiuncula Hospital the baby was admitted on July 10 at midday to the neonatal unit one hour after being seen and having sepsis queried. 

It was claimed the baby exhibited neurological signs but no antibiotics were given. However, a decision was then made to start antibiotics and the baby got them at 1pm.

Over 30 minutes later she had her first seizure and a diagnosis of sepsis was later made and the baby was transferred to University Hospital Galway. She was stable and did not have any more seizures, and on July 18 an MRI scan showed details consistent with the suspected diagnosis.

In the proceedings, it was claimed there was an alleged failure to identify or react appropriately to early warning signs or clinical signs of early onset neonatal sepsis in the mother and meningitis in the baby.

It was further claimed there was an alleged failure to interpret or a misinterpretation of the clinical signs of meningitis, including a high pitched cry and irritability, and a further alleged failure to recognise these and other signs in combination with the risk factors for early onset sepsis and start antibiotic treatment. 

It was further alleged there was an alleged unnecessary delay in the diagnosis and treatment of early onset sepsis and meningitis, and when the clinical signs were finally recognised, it was claimed there was an alleged delay in the administration of antibiotics.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable. He wished the little girl and her mother all the best.