Court awards €2.6m interim pay-out in settlement against Dublin hospital
The Coombe Hospital, Dublin, the court heard, admitted a breach of duty and conceded it should have advised the mother in relation to Group B Streptococcus infection but contended even if it had, the child would still been brain damaged.
The parents of a baby who developed a meningitis infection weeks after her birth at The Coombe Hospital, Dublin have settled a High Court action with a €2.6million interim payout.
The little girl, Soliat Asiyanbi who is now 10 years of age, it was claimed before the High Court suffered brain damage, has cerebral palsy and has to use a wheelchair.
Her counsel, Bruce Antoniotti SC, told the court it was their case that the mother at the time of her daughter’s birth and discharge home from hospital was not given information on possible signs of Group B Streptococcus infection which is the common cause of meningitis and what to do if the baby came unwell.
It was their case, counsel said, if she had been informed the baby’s mother would have been more alert to signs of developing infection. Counsel said there was a delay in bringing the baby to hospital where her infection was treated with antibiotics.
The Coombe Hospital, Dublin, the court heard, admitted a breach of duty and conceded it should have advised the mother in relation to Group B Streptococcus infection but contended even if it had, the child would still been brain damaged. Causation remained at issue in the case.
The settlement, which includes a 25% discount to reflect the litigation risk in the case, was reached after mediation. The little girl’s parents Theresia Bakekolo and Ismaila Asiyanbi of Tallaght, Dublin had sued the hospital.
The mother at the birth had been treated with antibiotics as a month earlier a swab was noted to show a light growth of Group B Streptococcus. Her baby was born soon afterwards on February 4, 2014, and was kept under hospital observation for 48 hours because of the short duration of the maternal antibiotic course.
The baby was examined on the morning of February 7 and no abnormalities were identified and she was discharged home. Swabs taken from the mother later showed positive for Group B Streptococcus.
On February 26, the mother noted her daughter was not feeding and crying a lot and she vomited her feed in the early hours of February 27.
The mother phoned the hospital but noticed her daughter’s hands were twitching and immediately took her to another hospital where she was seen in the emergency department at 6.45am. The baby was treated as she was found to be positive for the infection and was allowed home on April 3.
In the proceedings, it was claimed there was a failure to inform and advise the mother of the risk of the possible development of late onset streptococcal disease and of the urgency of responding and seeking medical attention should her child become unwell.
It was further claimed that there was a failure to take all necessary and reasonable steps to ensure the mother was aware of and understood the potential importance of cultures positive for Streptococcus B taken after the birth. It was claimed that the child was not taken to hospital earlier on the 26th or 27th of February 2014 as she would have been had the mother been properly advised.
It was alleged a situation was caused where there was a delay in the child presenting at hospital and receiving antibiotic therapy.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable considering the litigation risk in the case. The case will come back before the court in eight years time when the child’s future care needs will be assessed.
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