Brain-damaged woman settles medical negligence action

A brain damaged woman who claimed her injuries were caused as a result of the mismanagement of her epilepsey has settled her action against the HSE for €2.5m.

A brain damaged woman who claimed her injuries were caused as a result of the mismanagement of her epilepsey has settled her action against the HSE for €2.5m.

Ingrid Walsh (aged 39), who sued through her mother Mary Walsh, Grange Heights, Waterford, brought an action against the HSE for alleged negligence and breach of care of duty arising out of a delay in properly dealing with a seizure she had in September 2005 and their failure to refer her to a consultant neurosurgeon in time.

In her action Ingrid, who was born with spina bifida, had claimed that on September 6 while in Waterford Regional Hospital she had a fit. It was claimed that there was a delay in recognising the seizure and it was 25 minutes after the onset of the fit before a doctor arrived at the ward to administer the appropriate medication.

She remained unconscious for three days, and afterwards it is claimed suffered a number of further seizures, before being transferred to Beaumont Hospital in Dublin where she remained for several weeks.

As a result it was claimed that she suffered permanent brain damage which has led to severe learning and memory impairments.

The award of €2.5m was approved at the High Court today by Mr Justice John Quirke. The judge paid tribute to Ms Walsh and her family for the efforts they had made to provide care for Ingrid.

The claims were denied and liability was not admitted in the case.

David Holland SC for Ms Walsh said that, despite having spina bifida, Ingrid was an intelligent person who was able to lead a full life.

She had gone to mainstream school and had obtained qualifications from Waterford Institute of Technology, City and Guilds, and FAS. She had also helped out in a secretarial capacity with her father's business.

Counsel said that after she was diagnosed with epilepsy her condition "should have been controlled but was not".

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