TEMPLE Street Children's Hospital has apologised to the parents of a ten month old baby boy who died from a brain tumour after his diagnosis was delayed.
Little Kaiden Costello died just three days after brain surgery in July 2009.
Dr John O'Mahony SC, for his family, told the High Court tody earlier diagnosis and chemotherapy treatment would have likely saved the baby's life and given him an 80pc chance of surviving five years and possibly beyond.
The baby had been admitted to Temple Street when he was six months old in April 2009 as he had gone off his food.
Failure to thrive was diagnosed but an MRI scan which diagnosed a brain tumour was not carried out until June 24 of that year.
Had the tumour been diagnosed at an earlier stage, it was claimed Kaiden could have availed of therapy leading to his survival.
Today, Kaiden's mother, Kate Costello settled her action against the hospital and the HSE for €180,000 as a result of his death.
As part of the settlement, an apology was read to the court in which the hospital expressed sincere apologies to Ms Costello and Kaiden's dad, Eric Hunter and their families.
Its CEO apologised for the "trauma experienced by all of you arising out of the death of Kaiden while under the care of the Children's University Hospital, Temple Street.
"I understand that neither this apology nor any compensation arising from Kaiden's death can negate the continuing heartache that you and your family must feel every day. I appreciate this continues to be a very difficult time for you," CEO Mona Baker said.
The court heard the apology was paramount for the family. Ms Costello told Mr Justice Kevin Cross, who approved the settlement, that she felt devastation and she just wished things had been done differently.
"I feel in my heart he would still be here today if he got better medical care . I have to live with this sentence for the rest of my life," she told the court.
Ms Costello of Domville Woods, Santry, Dublin had sued as a result of the death of Kaiden in 2009.
It was claimed there was a delay in the diagnosis of the brain tumour so as to allow it to advance to a point where it caused his untimely death. The delay, it was claimed, deprived him of the opportunity to have surgery before the tumour advanced in size.
The family's counsel said chemotherapy may have saved Kaiden's life and an earlier diagnosis would have likely saved his life with the baby boy having an 80 pc chance of surviving five years and maybe as far as ten years..
The settlement of €180,000 included a €145,000 payout to Kate Costello for nervous shock as a result of the death of her son and €35,000 relating to the wrongful death.
Outside court, the parents thanked all those who had helped them get justice for Kaiden.
"The health service failed out baby . We would still have him today if he had received the proper care," Ms Costello said.