The family of teenager Aoife Johnston has settled a High Court action against the Health Service Executive (HSE) over her death at University Hospital Limerick two years ago.
The 16-year old Leaving Cert student from Shannon, Co Clare, died on December 19th, 2022, from meningitis, two days after presenting at the UHL emergency department with symptoms of suspected sepsis. It later emerged she was left for more than 13 hours without antibiotics.
In the High Court proceedings, it was claimed there was a failure to have sufficient staff on duty in the UHL emergency department which led to gross delays in her treatment
It was also alleged that there was a failure to treat her as a seriously ill patient until she completely deteriorated at 7.45am the day after she presented.
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Aoife’s parents Carol and James Johnston sued the HSE on behalf of their family over her death. There were also claims for nervous shock.
In the High Court this week, senior counsel for the Johnstons, Jonathan Kilfeather, SC, instructed by Damien Tansey solicitors, told the court the only aspect of the case that needed to be addressed was the division of the statutory mental distress payment known as the solatium.
He said the family had agreed an approach and the grandparents had waived their claim in relation to a share of the solatium.
The details of the full settlement, which is confidential, also includes a claim for nervous shock. All civil actions in relation to the death have now been settled.
Mr Justice Paul Coffey ruled on the division of the solatium among Aoife’s parents and two sisters, Meagan and Kate, and noted the settlement of the proceedings, which were then struck out.
A report by former Chief Justice Frank Clarke last month found that Aoife’s death was “almost certainly avoidable”.
It found the UHL emergency department was in such confusion that “there was no reality” to care plans that night.
Mr Clarke said there were lost opportunities where someone could have realised how sick Aoife was and taken action. A system to alert staff of patients in crisis proved “inadequate” in light of the high patient numbers that night.
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