Girl (2) Awarded €5 Million Settlement and Apology for Post-Birth Care Failures

Girl (2) Awarded €5 Million Settlement and Apology for Post-Birth Care Failures

The parents of a two-year-old girl, Kitty Mae Hayes, have been awarded a €5 million interim settlement following a medical negligence case against Children’s Health Ireland (CHI) at Crumlin. The case, which involved admitted liability, was settled in the High Court and accompanied by a formal apology from CHI for “repeated failings” in her care.

Severe and Lifelong Injuries

Kitty Mae Hayes, from Rosscarbery, Co. Cork, suffers from the highest level of cerebral palsy, visual impairment, and epilepsy. Her injuries were caused by significant delays in treating a rare vascular malformation in her brain, which was discovered shortly after her birth on October 13th, 2022. The malformation required a straightforward embolisation procedure, which her legal team argued should have been performed promptly after November 5th, 2022.

Due to delays and repeated failings in care, Kitty Mae suffered profound brain damage, resulting in devastating consequences for her quality of life.

The Hospital’s Apology

In a statement read before the High Court, Fiona Murphy, the interim CEO of CHI, issued an unreserved apology to Kitty Mae’s family. The apology acknowledged the hospital’s deficiencies and the impact they had on the Hayes family:

“We acknowledge and deeply regret the life-changing circumstances for Kitty Mae and her family and the devastation and suffering endured as a result of these circumstances.”

Family’s Fight for Justice

During the hearing, Kitty Mae’s mother, Lisa Ronan, shared the immense emotional and physical toll her family endured while advocating for their daughter’s care. She recounted how her daughter experienced seizures continuously for four weeks beginning November 5th, 2022, and how she and her husband, Declan Hayes, repeatedly pleaded with hospital staff to act urgently.

Despite reassurances from senior consultants about the expertise available at the Children’s Heart Centre, the family claimed their concerns were dismissed until irreversible damage had occurred. Ms. Ronan emotionally stated:

“Just because something is rare, it’s not a good enough reason [not to act].”

The family has since sought treatment for Kitty Mae abroad in Poland, Canada, and the UK, citing shortcomings in Ireland’s public healthcare system for children with cerebral palsy.

Interim Settlement and Future Court Review

The €5 million settlement is intended to cover Kitty Mae’s care and therapy needs for the next four years. At that point, her case will return to court for an assessment of her long-term care requirements. The settlement is part of an interim process to ensure Kitty Mae receives the support she needs while her future needs are determined.

Statement from the Family

Outside the court, the Hayes family released a statement describing the sequence of events following Kitty Mae’s admission to CHI Crumlin as a “nightmare sequence of errors.” They expressed anguish over their inability to convince the hospital staff to address their daughter’s deteriorating condition more seriously, despite their repeated pleas.

The family’s statement also highlighted the disparity between the hospital’s promises and the actual care provided:

“We pleaded with them to take her clearly deteriorating condition more seriously. Above all, we are haunted by that inability to get them to listen to us.”

Broader Implications

This case serves as a reminder of the critical need for timely medical intervention and effective communication between healthcare providers and families. It also underscores the importance of holding institutions accountable for their failings to ensure no other family endures similar suffering.

The settlement and apology are significant steps toward justice for Kitty Mae and her family, but they also highlight systemic challenges within the healthcare system that must be addressed to prevent future tragedies.

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