A seven-year-old girl who it is claimed is severely mentally and physically handicapped as a result of the alleged negligence of two Cork city hospitals is to receive £800,000 and costs under a settlement approved by the High Court yesterday. Marguerite Hayes, of Dysart, Dromagh, Mallow, Co Cork, had taken an action for damages, through her mother, Mrs Mary Hayes, against the Southern Health Board.
The board owns and manages Erinville Hospital where the child was born on June 12th, 1990, and the Cork University Hospital, where she subsequently received treatment.
Mr Henry Hickey SC, for the child, said an ultrasound scan at the Erinville Hospital on May 10th, 1990, had shown the unborn child had hydrocephalus (water on the brain).
The main feature of the condition was a large head which grows at an abnormally fast rate, counsel said. If not treated, it could lead to a baby's death.
Mr Hickey said the condition was caused by a blockage. This was treated by using a "shunt" or tube which drains cerebral spinal fluid into the abdomen where it disappears.
The case for the child was that the board was negligent in the treatment and allowed serious infection to occur. Had she been treated properly the prognosis was that she would have been a normal child or at worst would have had some handicap, counsel contended.
Mr Hickey claimed the child is profoundly and severely handicapped as a result of the board's negligence. She is unable to speak, will never walk and has limited vision. She cannot hold objects, has to be fed, has no control of bowel or bladder movements and is totally dependent on her mother.
Yesterday, during the eighth day of the hearing, Mr Hickey informed the court that the action had been settled for £800,000 and costs. Ms Justice Laffoy approved the settlement.
The health board had denied negligence and further denied that it did not render its services with due skill, care or diligence. It rejected the claim that the child's condition was the result of neglect or default on its part.