Wednesday 18 July 2018

Girl (13) left with permanent disability settles case against HSE for €1m

(stock photo)
(stock photo)

Tim Healy

A 13-year-old girl left with a permanent disability after a hip abnormality at birth allegedly went undiagnosed for six years has settled her High Court action for €1m.

Nyomi Millea Melvey can only walk for three to five minutes before her hips lock up, her father Colin Melvey told the court.

She will also need three hip replacement operations in her lifetime.

The bilateral hip dysplasia was diagnosed when the girl was six and, it was claimed, by then the treatment options for her were extremely limited.

Her counsel Liam Reidy said Nyomi was born with the condition where both hips were displaced, but that this was missed.

It was their case that Nyomi had been examined on different occasions and there was an alleged failure to discover the abnormality.

Nyomi, of Farran Park Upper, Grange, Co Waterford, through her mother Wendy Millea, sued the HSE. Her mother had attended at Waterford Regional Hospital for antenatal care in respect of her pregnancy.

Nyomi was born on January 20, 2005, with bilateral hip dysplasia. But it was claimed this condition was not noticed, observed or diagnosed.

It was claimed that the conditions was not diagnosed until February 2011.

Limited

By then, it was at a stage where the treatment options were extremely limited and would not be effective to correct the problem or prevent significant and long-term disability, it was also claimed.

It was also claimed the alleged delay in diagnosis occurred notwithstanding the physical appearance of the child and concerns raised by her mother.

The claims were denied.

Mr Melvey told the court his daughter has done really well considering, but she has to work harder because of her disability.

Mr Justice Paul Butler approved the settlement.

Irish Independent

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