Courts

Girl settles court action over ear treatment at Temple Street hospital for €40,000

Counsel for Penny Fahey (6) alleged client not properly examined or referred to a specialist when she attended ED

Penny Fahey was two when she was brought to Temple Street hospital on three occasions complaining of problems with her right ear. Photograph: Eric Luke
Penny Fahey was two when she was brought to Temple Street hospital on three occasions complaining of problems with her right ear. Photograph: Eric Luke
Fri Dec 13 2024 - 17:09

A girl who sued over her treatment in a Dublin hospital’s emergency department after she was brought there with ear problems has settled a High Court action for €40,000.

Penny Fahey was two years old when she was brought to Children’s Health Ireland (CHI) at Temple Street on three separate occasions complaining of problems with her right ear and a high temperature.

Penny, now aged six, of Ratoath, Co Meath, sued CHI and the HSE through her mother, Lynsey Fahey. She claimed her symptoms were misdiagnosed, undiagnosed or ignored and that she was not provided with appropriate treatment in a timely manner.

She further alleged she was not properly examined or referred to a specialist when she attended the emergency department at Temple Street on January 12th and 16th, 2020, which, it was claimed, led to a delay in the child receiving the correct treatment. All of the claims were denied.

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The girl’s counsel, Nandika Seth, told the High Court that Penny was first brought to CHI Temple Street on January 10th, 2020, where a viral infection was diagnosed and she was given ear drops.

Counsel told the court Penny returned to emergency department on January 12th, when she was again prescribed ear drops and diagnosed with “swimmer’s ear”. Four days later, a GP referred Penny back to emergency department as she had a high temperature and significant discharge from her ear.

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

It was noted at Temple Street that 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, Penny had a high temperature, was lethargic and noted as becoming unresponsive by her parents. This time she attended the emergency department at CHI Crumlin, where she was seen by the ear, nose and throat team and was diagnosed with mastoiditis, an infection that 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.