In May 2009, the team represented a nine year old boy who sustained injuries during the course of a neonatal period following his birth at Tralee General Hospital.
The Plaintiff was born in Tralee General Hospital by normal vaginal delivery, on the 14th February 2000. He started vomiting on the second day of life, which was described as "egg yolk yellow". The significance of this finding was not recognised and he was discharged home on the 17th February 2000, only to be readmitted the next day the 18th February, 2000 in a critical condition. The Plaintiff was transferred to Our Lady's Hospital for Sick Children, Dublin and a diagnosis of midgut volvulus due to malrotation (a congenital abnormal arrangement of the intestine inside the abdomen) was made. In the Plaintiff's case, the bowel twisted and caused an intestinal obstruction of the blood vessels supplying his small bowel which became gangrenous and needed to be removed.
The Plaintiff underwent several laparotomy operations which culminated in the loss of the majority of his small intestine. The small intestine is the organ of nutrient absorption, and as such, it is a vital organ. As a consequence of having almost all of his entire small intestine removed, the Plaintiff is unable to digest and absorb sufficient food to sustain growth. This situation is referred to as Short Bowel Syndrome and he has to have enteral feeding, which impacts on the Plaintiff's ability to carry out his activities of daily living, and will severely impact on his social, domestic and industrial life.
The team issued proceedings against the Paediatrician in charge of the Plaintiff's care and the Hospital. Both Defendants denied liability and the matter proceeded to trial. After 9 days of hearing, the Solicitors for the Paediatrician settled the matter with the Plaintiff. The case continued as the Defendants who would not agree to apportion liability. The Court ruled that the Paediatrician was 75 % liable and the Hospital was 25% liable.
Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or [email protected] if you would like more information.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.