A State compensation scheme has been established for children and families identified in a report by Dr Sean Maskey, published in January, as having suffered injury or harm due to failings in mental health services in south Kerry.
The Health Service Executive scheme, to be administered through the State Claims Agency, has been set up as a “non-adversarial” route to compensating people identified as being affected by their treatment in the region’s Child and Adolescent Mental Health Services (Camhs) by a junior doctor.
Minister of State for Mental Health Mary Butler said the Maskey report contained “shocking and disturbing” revelations. This scheme, she said, was designed to minimise the stress involved in seeking compensation.
Who is eligible?
All children identified by Dr Maskey’s report as having suffered harm while being treated by Camhs in south Kerry will be eligible.
The review, covering the period from July 1st, 2016, to April 19th, 2021, revealed 240 children did not receive the correct treatment from a doctor and significant harm was caused to 46 of them.
The symptoms included sleepiness, dulled feelings, slowed thinking and serious weight gain and distress. Ms Butler said that if other children who suffered harm were identified, they too would be included.
Individuals looking to apply should do so through their legal representative in writing to the HSE. A south Kerry Camhs information line is available at 1800 742 800.
What will be decided in the mediation process?
Full liability has been admitted by the HSE in relation to the specific cases highlighted in the Maskey review. With this agreed, legal teams will now look to assess the value of an affected person’s personal injuries claim.
The HSE has said it anticipates awards will be in line with those received if a claim was made through the courts but will be offered quicker.
Applicants can choose from a panel of eight independent expert psychiatrists who will prepare a clinical report for a claimant. The HSE said these reports would not be disputed.
Families can also commission a psychiatric report from elsewhere. In such instances, the agency reserves the right to source a separate report from one of the panel experts. Ms Butler said a mediator would be appointed in the event of differing expert opinions.
Applicants who are dissatisfied with the decision of the scheme’s mediator can have the matter reviewed by former High Court president Mr Justice Peter Kelly.
How much has been allocated to the scheme and how much will each applicant be awarded?
A spokesman for the agency declined to comment on the amount currently allocated to the scheme. Ms Butler also refused to be drawn when questioned on RTÉ’s Morning Ireland. However, she insisted the Government “will not be found wanting” in ensuring those affected are properly compensated.
The agency will make an upfront €5,000 payment to eligible applicants to cover initial expenses, while “reasonable” legal and other admissible costs will be covered. Ms Butler said she would not preempt what any child might receive as “each case is individual”. She also said medical cards would not be affected by any compensation awarded.
Solicitor Keith Rolls, of Coleman Legal, who represents some 160 affected families, said the complexities of the cases make valuation difficult. There were not only the immediate psychological and physical injuries suffered by the young people, but potential future impacts and corresponding treatments, he said.
Parents may have lost earnings due to reducing work hours to care for their child and suffered immense financial, physical and emotional stress due to the failings, said Mr Rolls.
For this reason, he said he had previously intended to submit all of his clients’ cases to the High Court, indicating a valuation for general damages of at least €60,000.
Mr Rolls described the scheme as a “positive and necessary step” that families were generally happy to engage with at this time. However, he added: “If it doesn’t materialise to our satisfaction, we will issue High Court proceedings.”
