A boy who allegedly suffered a brain injury as a baby after he went into severe septic shock weeks after surgery at a Dublin hospital has settled a High Court action with an interim €2 million lump sum payment.
Evan McCurry will also get €250,000 a year for the next four years as part of the settlement against Children’s Health Ireland (CHI).
His counsel, Oonah McCrann SC, instructed by Cantillons Solicitors, told the court that Evan, who was born with complex congenital heart disease, had to have a number of surgeries after his birth.
He had a surgical procedure at Children’s Health Ireland, Crumlin, Dublin on September 5th, 2017, related to his condition.
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He was scheduled for discharge a few weeks later, but counsel said it was the family’s case that he developed a wound infection and septic shock, which she said had “catastrophic consequences” for him and his family.
The case settled on day four of the hearing and the settlement is without an admission of liability.
CHI said it did not overlook any obvious signs of evolving infection, but that the boy had suffered a rapid onset of systemic infection in or around the early hours of September 26th, 2017, for which he was treated appropriately.
It contended the boy’s brain injury was not caused by any alleged breach of duty but by severe septic shock caused by a highly virulent infection.
Ms McCrann told the court that Evan, now aged eight, is cognitively impaired but is a happy boy.
A full defence, she said, was entered in the case, and it was claimed by CHI that sepsis developed very quickly over a number of hours and could not have been picked up at an earlier stage.
Evan, from Stoneybatter, Dublin, had through his mother Helen McCurry sued CHI.
In the proceedings it was claimed between September 20th and September 26th, 2017, the boy had allegedly displayed the history and symptoms of an infection at the site of his operation wound.
It was claimed there was a failure to investigate, diagnose or treat it in time or at all, with the result that he went on to suffer septic shock or a watershed stroke.
There was, it was alleged, failure to give any or any adequate attention to signs of wound infection, and failure to pay any proper attention to worsening signs of wound infection, including vomiting, on September 23rd, 2017.
There was also, it was claimed, a failure to have commenced antibiotic treatment, at the latest on September 23rd, 2017.
It was also alleged there was failure to treat effectively the baby’s wound infection before the development of septic shock and associated watershed stroke.
All of the claims were denied.
Approving the settlement and adjourning the case to 2030, Mr Justice Paul Coffey said he was satisfied the settlement was fair and reasonable and he was delighted it had been resolved.
