In July 2010, the team represented a 10 year old who sustained catastrophic brain injuries as a result of a brain haemorrhage which he suffered at 30 days of age, due to what subsequently transpired to be vitamin k deficiency bleeding ("VKDB"). This child was born perfectly healthy at the Bon Secours Hospital in Cork in June 2000. Arising from a negligent failure on the part of the delivering midwife to administer this little boy with a standard vitamin k injection, he remained naturally deficient in this vitamin which assists the blood in clotting/coagulating. As a result, at 30 days of age, he suffered a massive intracerebral bleed which has rendered him significantly disabled. A small blood vessel in the child's brain had burst and there was a bleed in the brain which continued to trickle over a full weekend. It later emerged on readmission to the hospital that there was no coagulation of his blood at all. He was given a vitamin k injection and his blood developed coagulation quality within eight hours. He was later operated on neurosurgically but the damage was already done. As a result, the child was catastrophically injured.
This little boy has profound and lifelong intellectual and behavioural problems. He also suffers uncontrollable epilepsy, but more recently his parents have managed to bring this epilepsy under control by placing him on a very strict ketogenic diet, on which he remains.
During the course of the hearing, a Paediatric Haematologist gave expert testimony that she believed, irrespective of the hospital notes asserting that the Plaintiff had received a vitamin k injection, it was "highly likely" that this had occurred. This had led to a settlement offer being made for the first time.
In approving the settlement, Mr. Justice Vivian Lavin stated that the parents had been through a "very tough time" and that he was happy to approve the settlement. In a statement afterwards, the Plaintiff's parents stated that they were,
"very pleased and also relieved to have finally arrived at this successful conclusion."
They signalled their intention to ensure that this "most precious little boy" would be as content and comfortable as possible for the remainder of his life. The funds will be applied to purchase of a suitably adapted home, together with the necessary therapies, aids, appliances and equipment to ensure that this comfort and contentment can be achieved, as soon as possible.
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.