Children prescribed anti-psychotic drugs reach settlements worth €40,000 against HSE

High Court reporters

Two children who it was claimed were prescribed an anti-psychotic drug when they were treated by the mental health services in Co Kerry have settled High Court actions against the HSE.

The settlements which totalled over €40,000 were approved by Mr Justice Paul Coffey in the High Court on Wednesday, who also ordered that the two boys, who have autism, not be identified.

In the first case, the 11-year-old boy had sued over the care he received at North Kerry Child and Adolescent Mental Health Service (Camhs).

His counsel, Brian Murray BL, told the court that the boy had been referred to the North Kerry services when he was over six years of age. Mr Murray said the boy was wrongly prescribed the anti-psychotic drug Risperidone for 20 weeks in 2020.

Counsel told the court that the Risperidone had been increased over the phone but had been stopped after 20 weeks in October 2020.

Mr Murray said the boy had lost trust in doctors as a result. A psychological report had noted there was a constellation of unwanted side effects for the 20 weeks the boy was on the anti-psychotic drug.

The boy had made a full recovery in relation to the side effects, Mr Murray said.

Mr Justice Coffey approved a total settlement of €23,500 and said it was fair and reasonable.

The second case against the HSE related to the care received by a boy at the South Kerry Child and Adolescent Mental Health Services.

Mr Murray told the court that the now 11-year-old boy had been referred to Camhs when he was around five years of age.

Mr Murray said the boy was prescribed the anti-psychotic drug Risperidone and was on it for six weeks in 2019. He said it had been their case that there had been no basis for the prescribing of Risperidone in the first place.

The HSE, Mr Murray said, had contended in this case that the boy had suffered little or no side effects, and the boy had made a full recovery. He said the boy is not on any medication now.

Mr Justice Coffey approved a €20,000 settlement in this case and wished both children the very best for the future.

A State compensation scheme was set up two years ago after the controversy over the care provided by South Kerry Camhs was revealed.

A look-back review of the care of 1,300 young people who attended the HSE-run service also took place. It found that the care received by 240 young people did not meet the standards which it should have, and it detailed significant harm to 46 children.