The High Court has approved a £1.5 million settlement for a 12year-old brain-damaged boy. The boy, one of twins, allegedly developed salmonella septicameia and meningitis after his mother had contracted salmonella while pregnant. It was claimed that the mother's condition had not been diagnosed.
Eanna Cullen had pleaded that he had contracted salmonella septicaemia during his delivery at Wexford General Hospital in 1987. Suing through his mother, Mrs Philomena Cullen (43), of Ballylannon, Wellingtonbridge, Co Wexford, the boy had taken proceedings alleging negligence against the South Eastern Health Board (SEHB) and other defendants. The claim was denied.
After talks between the parties on the eighth day of the hearing yesterday, Mr Justice Johnson entered judgment for £1.5 million. The SEHB is to pay one-third of that figure and one-third of the costs, while judgment for two-thirds of the damages and two-thirds of the costs was entered against Dr Harry Murphy, an obstetrician .
Mr Sean Ryan SC, for the boy, asked that the action against two surgeons, Dr Patrick McKiernan, and Dr Cormack McCarth, who were also named as defendants, be dismissed with no order as to costs. The judge made that order.
Eanna - and his twin brother, Michael, who is in good health - were born at Wexford General Hospital on December 13th 1987. Mrs Cullen had attended the hospital for ante-natal treatment and eventually for the twins' birth.
It was pleaded that in November 1987, when Mrs Cullen was seven months pregnant, she contracted salmonella. It was claimed there was a failure to diagnose this, despite her repeated complaints of vomiting, abdominal pain and diarrhoea. On December 13th, 1987, she went into labour. In the course of the delivery or prior to it, it was pleaded that Eanna developed salmonella septicaemia and meningitis, which in turn, resulted in irreversible brain damage.
Mrs Cullen, a secondary school teacher, said in evidence that on December 17th, 1987, the twins were transferred to Waterford Regional Hospital. That afternoon, she was informed that the cause of her illness had been discovered and that it was salmonella. She was "gobsmacked" and totally devastated.
Michael had prospered and had no problems. Eanna was treated in a number of hospitals and was now attending a special school. After Mr Justice Johnson approved the settlement yesterday, lawyers went back to the President of the High Court, Mr Justice Morris, who had been conducting the hearing and informed him of the settlement.
On Mr Ryan's application, Mr Justice Morris directed that a sum of £100,000 be paid out of the £1.5 million to the parents for past care of Eanna and to give them a "head start" on providing necessary facilities for the child. It was stated their home would have to be adapted to suit Eanna.
The remainder of the sum is to be paid into court pending an application to have Eanna made a ward of court.