Tuesday 23 January 2018

Parents of boy (6) settle case for €5.5m

Denise and Nicholas Montgomery, parents of Robert Montgomery, leave the Four Courts Photo: Collins Courts
Denise and Nicholas Montgomery, parents of Robert Montgomery, leave the Four Courts Photo: Collins Courts

Tim Healy

A boy who sued over his care when brought to a hospital when he was eight days old and later diagnosed with meningitis has settled a High Court action for €5.5m.

Robert Montgomery (6) has cerebral palsy, is visually impaired, cannot talk and is unwell, the court was told.

He had sued the National Maternity Hospital (NMH), Holles Street, Dublin, which denied claims of negligence.

Denis McCullough SC, for Robert, said his side would say appropriate antibiotics were not given in time and the possibility of meningitis being dealt with was missed. Had the antibiotics been given in time, Robert's condition "would be much less severe," he said.

Counsel told the court "an expression of regret" was being prepared by the hospital for Robert and his family which was part of the settlement agreed after mediation talks.

Through his mother, Denise Montgomery, of Upper Kilmacud Road, Stillorgan, Dublin, Robert sued over his care in 2010.

It was claimed the baby who had woken up with a piercing cry, was very listless and not feeding. His parents brought him to the hospital at noon on November 5, 2010, and it is claimed were told that in the absence of an appointment they would have to wait. He was admitted two hours later and then admitted to intensive care.

Ms Montgomery told the court it was very hard to accept the €5.5m because of what her son had suffered and because it was not the full value of the case.

Mr Justice Kevin Cross approved the settlement.

Irish Independent

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