Girl (11) who sued after unapproved spring implanted during spinal surgery settles action for €950k
High Court Reporters
An 11- year old girl who sued after an unapproved spring was implanted in her during spinal surgery at a Dublin hospital has settled her High Court action with a €950,000 interim payout.
Nellie Lannen’s action is the first such case to come before the High Court since the controversy around the metal springs used at Children’s Health Ireland, Temple Street, Dublin, in three child surgeries came to light.
Nellie has spinal muscular atrophy and has been treated at the Dublin hospital since her diagnosis when she was six months old.
Nellie’s Jonathan Kilfeather SC instructed by Michael Boylan solicitors told the High Court that a metal structure “like a coat hanger type of device” was inserted at the little girl’s spine.
He said the surgery had been described to Nellie’s parents Stephen and Brigitta Lannen as experimental, but it was required because her spine was bending over. Counsel said Nellie was in severe pain after the operation and needed morphine.
A rod on the left side of the pine he said had pushed through her pelvis causing it to shatter and she required 14 more operations afterwards.
“The metal work would protrude from the top of her shoulders or back. It happened once when the family were on holiday in France,” counsel told the court.
An expert on the Lannen side, counsel said would say that it was entirely unreasonable to perform surgery with the spring system and that the implant used was untried and untested. It was their case that fusion surgery should have been carried out instead to help the little girl.
Nellie, counsel said, has now been left in a worse situation and is not able to have the surgery for her spine.
Nellie Lannen of Churchtown, Dublin, had through her mother Brigitta Lannen sued Children’s Health Ireland(CHI) over her care at CHI Temple Street, Dublin, between 2020 and 2023.
The little girl had bilateral rod insertions at the Temple Street hospital in October 2020, when she was five years old .
It was claimed the surgery caused her significant pain and suffering and resulted in a total of 14 remedial type surgeries and procedures between 2020 and 2023 including protruding spinal rod management.
Nellie’s claim related to the use and implantation of a non CE spring which it was claimed is supported by the findings of an investigation carried out by CHI, the HSE and the Health Information and Quality Authority.
Judge Paul Coffey was told that a breach of duty was admitted by Children’s Health Ireland but causation remained an issue.
The interim settlement is for the next two years when the case will come back before the courts to decide on Nellie’s future care needs..
Outside court, Nellie’s father Stephen said that while they are very pleased with the settlement which will help them improve the quality of care for Nellie into the future, this did not deter from the fact that Nellie was “robbed of her only opportunity to get the correct surgery.” As a result he said her quality of life will be significantly worse and her life expectancy has been severely curtailed.
“She deserves so much better than the care she received. We are obviously very angry that she has missed the opportunity to get the correct surgery,” he added.
