We are delighted to have secured a 5 year interim settlement for our 8 year old client, Willow Carroll.
Willow was born in a poor condition at Cavan General Hospital, following a placental abruption. After her birth, she was admitted to the special care baby unit, where there were failings in care. Over the hours, her condition grossly deteriorated and she developed severe HIE (hypoxic ischemic encephalopathy).
At two days old she was brought home for palliative care, however, little Willow proved to be very resilient, and coupled with the dedicated and intuitive care of her parents, John & Tracy Carroll, she thankfully survived. Willow is now a gorgeous 8 year old child with a magnetic personality. She loves to be the center of any and all activities, she has a love of rave music, and she is most fond of playing with her big brother, Noah.
When Willow was two years old, her parents instructed McMahon Goldrick Solicitors to act on their behalf. Upon our review of the medical records, we felt that it was evident that there were failings in the care provided.
We instructed 9 expert doctors, who prepared a total of 12 expert reports between them, to determine liability, causation, and Willow’s medical condition & prognosis. After the first few reports were secured, we issued medical negligence proceedings against the HSE (for Cavan General Hospital) and The Rotunda Hospital, in relation to the failings in the neonatal care provided to Willow.
We alleged that Willow was born with a milder brain injury, and that the failings in the neonatal care caused her to develop severe HIE, which resulted in her having spastic quadriplegic cerebral palsy, blindness and cognitive impairment. It was the opinion of our expert doctors that Willow should have received therapeutic cooling treatment in the early hours following her birth, which would have halted the spread of the brain injury. It was the further opinion of our expert doctors that Willow sustained a hypoglycemic injury to the brain, which was inadequately treated with insufficient concentrations of glucose & dextrose. We argued that Willow sustained a ‘dual insult’ to her brain, due to i) the decision not to cool her and ii) the prolonged hypoglycemia.
In relation to determining what Willow’s needs are both now and in the future, we instructed a further 7 expert witnesses, who prepared a total of 10 reports between. Those reports provided a detailed analysis of what Willow’s needs are in relation to care, housing, occupational therapy, physiotherapy, speech & language, neuropsychology, assistive technology etc.
The HSE denied full liability, and the case was settled with liability being apportioned at an agreed percentage. The case was settled on an interim basis for a period of 5 years.
It was a difficult case to fight, and Willow’s parents were previously told by another firm of solicitors that there was no case. As such, we are tremendously proud of the settlement achieved. Willow’s team of barristers, Mr Liam Reidy SC, Mr Patrick Treacy SC, and Mr Alistair Rutherdale BL, were relentlessly dedicated to succeeding in this case, and the collaboration of their individual expertise was vital.
Willow’s mother, Tracy, writes of her experience of the settlement with the HSE, and how changes need to be brought about to make the Plaintiff and their family feel heard and for it to be a much less painful experience overall.
It is an honour for Willow, Tracy & John to be our clients. Willow’s experience of the Irish healthcare, educational, and judicial system, has already and will continue to make positive changes for all.
We are so excited to see where the next 5 years takes Willow and her family.
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