Man, 21, receives €4m interim settlement over impact of hospital care as toddler
By Ann O'Loughlin
A 21-year old man who has cerebral palsy and is unable to walk or talk after contracting an infection when he was a toddler has settled his High Court action over his hospital care with an interim pay out of €4m.
Oisin Fitzpatrick was a healthy 22-month old toddler when he became ill and was referred to University Hospital, Galway and treated over a number of days before a diagnosis of viral encephalitis was made and a drug to treat and combat herpes simplex encephalitis was started.
His counsel Oonagh McCrann SC told the High Court it was their case there was an alleged delay in the diagnosis of viral encephalitis and that it was due to the herpes simplex virus that Oisin is now wheelchair bound, has cerebral palsy, is spastic quadriplegic and cannot talk.
Approving the settlement with an interim payout for the next three years the President of the High Court Mr Justice Peter Kelly praised Oisin's mother Marion Fitzpatrick who has singlehandedly looked after her son for the last nineteen years.
The judge said he endorsed the view of her counsel that Ms Fitzpatrick's efforts were heroic and he commented that the HSE as part of the settlement of the case had agreed that Oisin should have two carers, one a qualified nurse .
"She has looked after him singlehandedly and alone. That is the measure of the heroism she has demonstrated," he said.
Ms Fitzpatrick broke down when the judge said Oisin could not tell her of the regards in which he holds her but if he could speak he would praise the extent of the sacrifice she had made.
Oisin Fitzpatrick Ballyglunin, Tuam, Co Galway had through his mother Marion Fitzpatrick sued the HSE over his care at University Hospital, Galway when he was admitted for medical treatment on September 16,1998.
The toddler it is claimed was drowsy appeared pale, had a high temperature and had a 24-hour history of vomiting and had suffered a seizure episode prior to admission.
It is claimed that following examination the impression was the toddler had experienced a seizure associated with his fever.
The child was admitted for tests but continued to have a high swinging temperature and suffered further seizures.
On September 20, according to the nursing notes a diagnosis of viral encephalitis was made following a review by a paediatric consultant and a drug Acyclovir to treat and combat herpes simplex encephalitis was commenced.
Later that evening Oisin was transferred to Our Lady's Hospital for Sick Children, Crumlin Dublin where following investigations and a CT scan, it was confirmed the likely cause of his viral encephalitis was the herpes simplex virus.
It was claimed University Hospital Galway allegedly failed to diagnose the toddler's condition adequately or at all and allegedly failed to adequately treat or manage the toddler.
There was it was claimed an alleged failure to diagnose the toddler's viral encephalitis was due to herpes simplex within a reasonable time and and alleged failure to commence administering the drug Acyclovir within a reasonable time.
The claims were denied.
Oonagh McCrann SC told the court Oisin is a very contented happy young man, but the journey including litigation for his mother has been a torturous one.
The case will come back before the court in three years time, when Oisin's future care need will be assessed.
