A baby boy who was said to have sustained a brain injury following a severe case of septic shock while recovering weeks after surgery at a Dublin hospital has resolved a High Court case with an interim lump sum award of €2 million, reports Breaking News.
Evan McCurry is also set to receive €250,000 annually over the next four years as part of the agreement reached with Children’s Health Ireland.
Representing him, counsel Oonah McCrann SC, instructed by Cantillons Solicitors, told the court that Evan, who was born with complex congenital heart defects, required several operations after birth, reports Breaking News.
One of these procedures took place on September 5th, 2017, at Children’s Health Ireland, Crumlin, Dublin, as part of his ongoing treatment.
Although discharge was initially planned a few weeks later, Counsel stated that it was their argument that Evan developed a wound infection and later went into septic shock, which she said had “catastrophic consequences” for him and his family, reports Breaking News.
The case reached a resolution on the fourth day of hearings, with the settlement agreed without any admission of liability.
Children’s Health Ireland (CHI) maintained that no obvious warning signs of a developing infection were missed, but stated that the child experienced a sudden and severe systemic infection around the early hours of September 26th, 2017, which was treated accordingly.
They argued that the brain damage was not linked to any alleged negligence but instead resulted from a highly aggressive infection that caused the septic shock, reports Breaking News.
Counsel informed the court that Evan, now 8 years old, has cognitive impairments, but remains a cheerful and happy child.
A full defence was mounted in the case, with Children’s Health Ireland claiming that the sepsis progressed rapidly over just a few hours and could not have been identified earlier, reports Breaking News.
Evan McCurry, from Stoneybatter, Dublin, initiated proceedings through his mother, Helen McCurry, against Children’s Health Ireland.
The case alleged that between September 20th and September 26th, 2017, Evan had signs and symptoms of an infection at his surgical wound site, reports Breaking News.
It was alleged that the infection was not properly investigated, diagnosed, or treated in time, leading to septic shock or a watershed stroke.
Claims included a failure to adequately recognise signs of wound infection and an alleged lack of attention to worsening symptoms, such as vomiting on September 23rd, 2017, reports Breaking News.
It was also claimed that antibiotics should have been started by at least September 23rd, 2017, but were not.
Furthermore, the case contended there was a failure to effectively manage the wound infection before septic shock and the stroke occurred, reports Breaking News.
Children’s Health Ireland denied all allegations.
Mr Justice Paul Coffey approved the terms of the settlement and postponed the case until 2030, stating he was satisfied the outcome was fair and reasonable and expressed his pleasure that the matter had concluded, reports Breaking News.
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