A girl who emerged from surgery with one leg shorter than the other after being taken to hospital as the victim of a car crash has had a settlement of compensation for orthopaedic negligence approved in the High Court.
Aine Marie O´Neill (13) of Ballylongford, County Kerry, was just three years of age when she was rushed to Tralee General Hospital in January 2003 with serious leg injuries after being involved in a car crash.
Aine had been a back seat passenger in a car driven by her mother – Deirdre – which had been struck head-on by a four-wheel vehicle driven by Seamus Danaher who had allegedly been travelling on the wrong side of the road.
Aine received treatment for her injuries in hospital for two weeks and then – as her consultant surgeon was about to go on vacation – was passed into the care of consultant orthopaedic surgeons, Doctors Mohammed Ashrad Khan and Michael J Murphy.
Despite her reservations, Deidre O´Neill was persuaded into allowing Drs Khan and Murphy to perform surgery on Aine´s leg after being told that Aine would be left with a permanent limp if the leg was left to its own devices
However, immediately after surgery, Aine was in agony. After ongoing complaints from Deidre O´Neill and her sister – who herself was a nurse – Aine´s plaster cast was removed to reveal an ulceration and two significant areas of skin necrosis.
Áine Marie was transferred to Cork University Hospital and was discharged 71 days later with her left leg shorter by two centimetres than her right leg, having developed a limp and a deformity to her left ankle and thigh bone. It later transpired that neither Dr Khan nor Dr Murphy had ever previously attempted the surgery undertaken at Tralee General Hospital.
Through her mother, Aine sued Seamus Danaher for causing the car crash and made a claim for compensation for orthopaedic negligence against the Health Service Executive and the two consultant orthopaedic surgeons.
Mrs Justice Mary Irvine at the High Court that a settlement of 365,000 Euros had been negotiated – with 55,000 Euros to be paid by Seamus Danaher´s insurers with the balance settled against the Health Service Executive – and that the case was before her for approval of compensation for orthopaedic negligence only.
Approving the settlement, Ms Justice Mary Irvine told Aine that she believed it was a good agreement. The total amount of compensation included special damages of 240,000 Euros, and Ms Justice Mary Irvine commented that had it been any more, the whole settlement may have been appealed with Aine ultimately receiving less.