Liston Flavin Solicitors acted on behalf of a young boy, Michael, who was delivered in the breach position and who was born with left sided acetabular dysplasia at the Rotunda Hospital in Dublin.
The Rotunda Hospital did not comply with their own developmental dysplasia of the hip protocol and Michael did not undergo an ultrasound of his hip following his birth. As a result, his hip dysplasia was not diagnosed for a considerable time following his birth and because of this he required surgery, known as a Pemberton Osteotomy.
The hospital admitted liability in relation to the delay in diagnosing the hip dysplasia, but they did not accept that the delay caused Michael to suffer injuries, which included having surgery. We argued that had the hip dysplasia protocol been complied with then Michael would have been treated with a Pavlik harness which is worn for several weeks and monitored with ultrasounds scan. We also argued that that the outcome of treatment is better once started earlier and that the amount of intervention or surgery is less when treatment is started earlier.
Our case was that on the balance of probabilities, had Michael undergone an ultrasound scan in the first few weeks of his life, a Pavlik harness would have been applied and this would have been successful in resolving the shallowness of the hip. Therefore, no further treatment would have been required during his childhood. We also argued that but for the delay in treatment he would have been at a lower long-term risk of osteoarthritis.
The case was listed for Trial and shortly before the Trial a mediation took place. The case settled in the sum of €120,000 plus costs. As the case involved a Plaintiff who was under the age of 18 it was ruled before Mr Justice Cross in the High Court who approved the settlement.
If you wish to discuss any of the above or require advice in relation to a similar case please contact Rachael Liston, Solicitor specialising in medical negligence in Ireland on 0191243240 or email rachael.liston@listonflavin.ie.