The parents of a baby who developed a meningitis infection weeks after her birth at the Coombe Hospital in Dublin have settled a High Court action, with a €2.6 million interim payout.
The little girl, Soliat Asiyanbi, who is now 10, suffered brain damage, has cerebral palsy, and has to use a wheelchair, it was claimed before the High Court.
Her Counsel, Bruce Antoniotti SC, told the court it was their case that the mother, at the time of her daughter’s birth and discharge home from hospital, was not given information on possible signs of Group B Streptococcus infection, which is the common cause of meningitis, and what to do if the baby came unwell.
It was their case, counsel said, that if she had been informed, the baby’s mother would have been more alert to signs of developing infection.
Counsel said there was a delay in bringing the baby to hospital, where her infection was treated with antibiotics.
The court heard the hospital admitted a breach of duty, and conceded it should have advised the mother in relation to Group B Streptococcus infection, but contended that, even if it had, the child would still have sustained brain damage.
Causation remained at issue in the case.
The settlement, which includes a 25 per cent discount to reflect the litigation risk in the case, was reached after mediation.
The child’s parents, Theresia Bakekolo and Ismaila Asiyanbi, of Tallaght, Dublin, had sued the hospital.
Infection
At the birth, the mother had been treated with antibiotics, as a month earlier a swab was noted to show a light growth of Group B Streptococcus.
Her baby was born soon afterwards, on February 4th, 2014, and was kept under hospital observation for 48 hours due to the short duration of the course of antibiotics given to the mother.
The baby was examined on the morning of February 7th, and no abnormalities were identified, and she was discharged home.
Swabs taken from the mother later came back positive for Group B Streptococcus.
On February 26th, the mother noted her daughter was not feeding and was crying a lot, and vomited her feed in the early hours of February 27th.
The mother phoned the hospital, but noticed her daughter’s hands were twitching and immediately took her to another hospital, where she was seen in the emergency department at 6.45am.
The baby was treated as she was found to be positive for the infection and was allowed home on April 3rd.
In the proceedings, it was claimed there was a failure to inform and advise the mother of the risk of the possible development of late onset streptococcal disease and of the urgency of responding and seeking medical attention should her child become unwell.
It was further claimed that there was a failure to take all necessary and reasonable steps to ensure the mother was aware of and understood the potential importance of cultures positive for Streptococcus B taken after the birth.
It was claimed the child was not taken to hospital earlier, on February 26th or 27th, 2014, as she would have been had the mother been properly advised.
It was alleged a situation was caused where there was a delay in the child presenting at hospital and receiving antibiotic therapy.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable considering the litigation risk in the case.
The case will come back before the court in eight years, when the child’s future care needs will be assessed.
