Child who had peanut fragments in lung settles case against hospital for €60,000

ireland
Child Who Had Peanut Fragments In Lung Settles Case Against Hospital For €60,000
The little girl who is now over six years of age on Friday settled a High Court action against Children’s Health Ireland as a result of the care she received at the A&E of Children’s University Hospital, Temple Street, Dublin in 2019.
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High Court reporters

A toddler who was brought to hospital amid fears that a peanut had gone down the wrong way was allegedly discharged without specialist assessment and the peanut remained “in situ for over two months” when the girl suffered a collapsed lung, the High Court has heard.

Alice Gernon’s condition, her counsel told the High Court, deteriorated and two months after the first hospital visit, she was x-rayed at another hospital and had to have emergency surgery. Counsel said peanut fragments were removed from the 2-year-old’s left lung.

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The little girl who is now over six years of age on Friday settled a High Court action against Children’s Health Ireland as a result of the care she received at the A&E of Children’s University Hospital, Temple Street, Dublin in 2019.

She was first brought there on May 11th, 2019, as her mother was concerned a peanut had gone down the wrong way into her windpipe.

She was also taken back to the hospital a second time on May 17th, 2019, but it was claimed she was discharged again without further investigation.

Alice’s counsel Jeremy Maher SC told the court experts on their side would say it was clear when the girl was brought to Temple Street hospital on the first and second occasions in May 2019, she should have been referred for specialist assessment which would have led to the identity and removal of the peanut.

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“The peanut was allowed to remain in situ for over two months,” Mr Maher said.

Counsel said by July 2019, the little girl’s condition had deteriorated, and it was a very serious situation.

A GP referred Alice to another hospital where a chest x-ray showed she had a collapsed left lung and left sided pneumonia.

Emergency surgery

She had to have emergency surgery and fragments of peanut were removed from her left lung. She was in hospital for nine days.

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Alice Gernon, Carlanstown, Kells, Co Meath had through her father Alan Gernon sued Children’s Health Ireland over what happened at the A&E department of Children’s University Hospital, Temple Street, Dublin where Alice was referred by an out of hours GP after she had been eating nuts in May 2019.

It was claimed there was an alleged failure to carry out any or any adequate examination or assessment of Alice and an alleged failure to carry out any adequate investigation of her condition.

There was also it was claimed an alleged failure to perform a chest x-ray or a bronchoscopy and there was an alleged failure to identify the little girl had inhaled peanut fragments or that peanut fragments were lodged in her lung.

There was also it was claimed an alleged failure to refer the little girl for ENT review or specialist respiratory review.

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Counsel told the court that in September 2019 the hospital in a letter to Alice’s parents apologised and said that Alice's case would now become a teaching case and that any child brought to the hospital with suspected foreign body aspiration would be referred for specialist investigation.

Mr Maher said Alice has made an excellent recovery.

Approving the settlement Mr. Justice Paul Coffey said it was fair and reasonable, and he wished Alice and her family all the best for the future.

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