Cork girl who sued HSE over care for burst appendix settles action for €165k

A young girl who presented to Cork University Hospital (CUH) with a nine-day history of abdominal pain, but was discharged home, suffered a burst appendix and returned to hospital two days later in a septic state, it has been claimed before the High Court.

Liana Cirule’s counsel told the High Court that there was a burst appendix where two to three litres of pus escaped into the girl’s stomach area.

There was significant infection and she required surgery, the court heard.

Aidan Doyle SC said Liana from Clonakilty, Cork, was four days in intensive care, and was not discharged home for over two weeks.

Liana Cirule, who is now 17 years old, had through her mother Inese Kurdziel sued the HSE over the care provided at CUH and by the National Ambulance Service in 2019.

Mr Justice Paul Coffey, who said it was “a most unfortunate case”, was told it had settled for €165,000.

Mr Doyle told the court that in December 2018, Liana was complaining of abdominal pain and vomiting.

She was brought to her GP on several occasions and on the fifth occasion, on January 3, 2019, her doctor recommended that she go home and call an ambulance.

Counsel said that the ambulance crew advised that the girl did not need to go to hospital.

Six days later on January 9, 2019, Mr Doyle said Liana was in a bad way and was referred by her GP to CUH.

Counsel said the young girl was discharged home with medication.

On January 11, Liana’s GP again referred her to CUH with a letter asking that she be admitted as a matter of urgency.

Counsel said that Liana was admitted, had a CT scan, and she had to have a laparotomy.

Counsel said it was their case that, on January 3, the ambulance service ought to have taken the young girl to hospital.

Contended

His side also contended there was an alleged failure on January 9, when the girl went to the CUH emergency department that she was not admitted.

An expert on their side, counsel said, would say that more than likely Liana’s appendix burst between January 9 and January 11 and that, if it had been discovered on the January 9 visit, she would have had to have less invasive surgery.

Counsel said no defence had been put in, but liability could be an issue in the case.

In the proceedings, it was claimed that when Liana went to CUH on January 9, a diagnosis of gastroenteritis was made which, it was alleged, was an inadequate and inappropriate diagnosis.

It was further claimed the girl’s symptoms had been allowed to progress.

It was further claimed the failure to admit the girl to the hospital on January 9, allegedly caused her clinical course to deteriorate and she needed open surgery.

It was also contended the girl’s appendix perforated between January 9 and 11.

It was claimed that, had she been admitted to hospital on January 9 and treated then, an earlier appendicectomy would more probably than not have resulted in the avoidance of perforation.

Approving the settlement, Mr Justice Coffey said it was fair and reasonable.