A father whose young son is profoundly brain damaged following an operation at Our Lady's Hospital for Sick Children, Crumlin has told the High Court the family were never given any hope for the boy.
Jude Miley was just six months old when a suture used in an operation to release his diaphragm and help his breathing remained untrimmed, causing damage to the heart muscle.
Two days later the baby had a heart attack and was rushed to theatre for emergency surgery which saved his life.
His parents, Anne Louise and Greville Miley, were told Jude had suffered irreversible damage and an MRI scan days later showed he had widespread damage to the brain.
In proceedings brought on behalf of the child, now aged four, the hospital has admitted liability and the case is before the High Court to assess damages.
Greville Miley, who cares full time for his son, told the court on Friday he and his wife were told by doctors in Ireland that Jude was not going to recover because of the damage to his brain.
Using their own funds, and money from a trust fund set up by friends, they brought Jude to the US where there was “an enthusiastic ethos” surrounding the issue of his son’s recovery.
New therapies
While doctors here suggested PEG feeding for his son, doctors in the US had dealt with feeding properly by using new therapies, leading to his son eventually being able to eat certain foods, he said.
Jude also took his first steps walking unaided at a clinic in the US, he added.
Doctors here could advise but could never give practical examples because anyone here with his son’s level of brain damage or less was “still lying in a bed, still in a wheelchair, not walking and not talking”.
Mr Miley was giving evidence in the action on behalf of Jude Miley, Holywell, Upper Kilmacud Road, Dundrum, Dublin, against Our Lady's Hospital for Sick Children, Crumlin.
Jude was born on July 16th, 2011 and, by January of the following year a condition regarding the contour of his diaphragm was diagnosed.
Necessary surgery was carried out on January 24th, 2012 which, it was alleged, was below the standard of care.
It was claimed a suture was placed in the wrong place, damaging the heart and resulting in the baby’s condition deteriorating. This culminated in the child suffering a cardiac arrest on January 26th, 2012.
It was alleged there was failure to use the correct suture, or that a suture had been placed to protrude in such a way as to abrade the baby’s heart muscle.
Other claims included alleged failure to take into account and act appropriately over the parents’ concerns post-operatively regarding Jude’s condition.
Liability was admitted last year.
Mr Justice Anthony Barr has already approved a €1.8 million settlement under accommodation and loss of earnings headings and now has to assess damages under other headings, including future care.
The case continues next week.
