The family of a baby girl who died of acute peritonitis after a feeding tube was inserted into the wrong place in her body is to receive what a High Court judge described as a "derisory" award of €36,000 damages in settlement of their High Court action.
The award to the family of Megan Neary (15 months) includes the maximum €27,500 damages which may be awarded under the Civil Liability Act 1961 for "mental distress", while the additional sums are for funeral and other expenses.
Megan's father, Anthony Neary, told Mr Justice John Quirke yesterday that he and his family had been "put through hell" since her death in 2003 as a result of acute peritonitis following the reinsertion of a feeding tube into her abdominal cavity, rather than her stomach, at the A&E department of Our Lady's Hospital for Sick Children, Crumlin in Dublin.
A clearly distressed Mr Neary said his daughter had suffered before she died. "Megan had a will to live, she wanted to live and she had a right to live, but that right was taken away."
He said it had taken five years for the hospital to admit liability, which only happened this week, and the damages awarded did not reflect the pain and suffering he and his family had endured.
Expressing his sympathy, Mr Justice Quirke said the award was "absurd", "almost an insulting amount" and was derisory. The maximum amount for "mental distress" had been fixed because of a view that money was not supposed to compensate for such experiences. "Then why offer any?" he asked.
He said there were reasons why liability was not always admitted at the outset and wished "something could be done" about that.
On the application of Bruce Antoniotti SC, for the family, the judge ruled that the bulk of the €36,000 award would to go to Mr Neary and his wife Paula, while their four other children would each receive €1,000 on their 18th birthdays. At the request of the family, a payment of €1,000 is also to be made to Megan's grandmother, Agnes Smallhorne.
The proceedings were brought by Mr Neary, North Strand, Dublin, against Dr Phelim Murphy, senior surgical registrar at the hospital, and the hospital. They had denied negligence, but counsel for the defence said yesterday that liability was admitted and they consented to a payment of €36,000 plus High Court costs.
Megan was born with Down syndrome in 2001 and spent long periods in hospital for treatment of congenital heart disease. An inquest in 2003 was told her coronary features were functioning normally at the time of her death.
In September 2003, the Dublin city coroner returned a verdict of "medical misadventure" in relation to Megan's death. Dr Brian Farrell said it seemed a feeding tube which was reinserted by Dr Murphy at the hospital was "not in the correct position".
Megan was discharged after the tube was reinserted and her parents were told feeding could resume. However, the feed went into the abdominal cavity, causing acute peritonitis. Megan was brought to Temple Street children's hospital that night after her heart monitor went off and was pronounced dead soon afterwards.
