A Junior Cert student who had to have both legs amputated below the knee after contracting meningitis when aged three has settled her High Court action for €5.6 million.
When Gemma Hayes was brought vomiting, unwell and with a rash to the South Doc out-of-hours family doctor service at Kinsale Road, Cork, vomiting, a doctor diagnosed tonsillitis, Mr Justice Kevin Cross was told.
When her concerned parents returned to South Doc with the child 4½ hours later, the correct diagnosis of meningitis was made and Gemma was rushed to hospital, John O’Mahony SC, for Ms Hayes, said.
He said valuable time of 4½ hours was lost between the tonsillitis diagnosis and the correct diagnosis and, as a result, Gemma suffered “profound consequences”.
When examined at 5.01am during the first visit to South Doc, meningitis should have been diagnosed and when it later was, and the child was referred to Cork University Hospital, she was in profound distress.
“Four and a half hours were lost when two significant things should have happened. She should have been hospitalised and antibiotics administered.”
As well as having amputations below the knee on both legs, the young girl, “a remarkable young woman”, has had 132 operations in the past 12 years, he said.
Gemma, Pic Du Jer Park, Ballinalough, Cork, through her mother Rachel Hayes, sued South West Doctors on Call Ltd with offices at Call Centre, St Finian’s Hospital, Killarney, Co Kerry, the provider of the South Doc service at Kinsale Road, Cork.
She also sued Leon Britz, a doctor who worked at South Doc in 2005 and who examined Gemma and diagnosed tonsillitis at 5.01am on July 10th, 2005.
Mr Justice Cross was told liability was conceded in the case but causation remained an issue between the parties.
In her action, Ms Hayes claimed alleged failure to have the necessary skill to provide an appropriate and competent after-hours medical service and an alleged failure to provide a service of the standard which it held itself out as providing.
It is also claimed there was a misdiagnosis of Gemma’s condition and failure to assess properly the child’s rash in a proper manner including by using a glass.
Delay in diagnosis
The Hayes side contended there was a delay in diagnosis and child should have been referred to a hospital when she was first examined by Dr Britz at South Doc at 5am on July 10th.
Counsel told the court Gemma had not eaten the evening before and in the following hours became drowsy, had a high temperature and started vomiting.
During the night, she also had bouts of severe diarrhoea and at 4am on July 10th, it was noted she had a rash on her torso.
Her parents became very concerned and telephoned the out-of-hours service, gave details of Gemma’s symptoms and brought her to South Doc where she was examined by Dr Britz who diagnosed tonsillitis.
At 9am, the child’s condition deteriorated, a rash was spreading and had changed to a larger type rash, darker red in colour.
Her parents immediately drove back to South Doc where an immediate diagnosis of meningitis was made and Gemma was given some medication and referred to Cork University Hospital A&E.
She was treated with antibiotics and later transferred to Our Lady’s Children’s Hospital, Crumlin, where she later had the amputations.
Approving the settlement, Mr Justice Cross congratulated Gemma’s parents, Rachel and Verdun Hayes, for the care they have given their daughter. While what had happened was terrible, it could have been far worse, he said.
Outside court, a statement read by the family’s solicitor, Colm O’Riain, said the settlement funds would be invested with a view to providing Gemma with the care and support she requires.
“It has been a long road to this day and Gemma has displayed great fortitude. She will shortly sit her Junior Cert exams and we wish her well,” he said.
