Girl (6) who sued over treatment in CHI Temple Street A and E settles action for €40,000

Ann O'Loughlin

A girl who had sued over her treatment in a hospital A&E when she was brought there with ear problems has settled a High Court action for €40,000.

Penny Fahey was two years of age when it was claimed she was brought to Children’s Health Ireland at Temple Street, Co Dublin, on three separate occasions complaining of problems with her right ear and a high temperature.

Now aged 6 of Ratoath, Co Meath, through her mother Lynsey Fahey has sued Children’s Health Ireland and the HSE.

In the proceedings it was claimed that the complaints regarding her symptoms were misdiagnosed or undiagnosed or allegedly ignored and she was not provided with appropriate treatment in a timely manner.

It was further claimed the girl was allegedly not properly examined or referred to a specialist when she attended A&E at the Temple Street hospital on January 12th and 16th, 2020; which it was claimed led to a delay in receiving the correct treatment.

The girl, it was further contended, had been allegedly unnecessarily exposed to a risk of harm and there was an alleged failure to have a proper specialist referral system in place when she presented with her ear symptoms. All of the claims were denied.

Her counsel Nandika Seth BL told the High Court that the toddler was first brought to CHI Temple Street on January 10th, 2020, where a viral infection was diagnosed and she was given eardrops.

Penny’s parents brought her back to the hospital A&E on two other occasions where we was prescribed more eardrops.

Counsel told the court the little girl returned to A&E on January 12th when she was again prescribed ear drops and she was diagnosed with “swimmer’s ear”.

Four days later on January 16th, her GP referred her back to A&E as she had a high temperature and a significant discharge from her ear.

Counsel said at that stage the toddler’s ear had begun to protrude at a 90 degree angle from her head.

At Temple Street, it was noted she had bilateral eardrum perforation and a collection of non-infected fluid in the middle ear. She was prescribed ear drops and told to come back if there was no improvement.

On January 18th, Counsel said the little girl had a high temperature, was lethargic and was noted as becoming unresponsive by her patents.

This time she attended the A&E at CHI Crumlin where she was seen by the Ear Nose and Throat team and was diagnosed with Mastoiditis, which is an infection which affects a bone behind the ear.

She was immediately put on antibiotics and had to have an operation the next day.

Mr Justice Paul Coffey approved the settlement.