A 16 year old girl, alleged to have spina bifida, yesterday lost her High Court action against a consultant paediatrician, Dr Brian Denham, and Mount Carmel Hospital, Dublin.
Her parents could face legal costs of £400,000.
Gemma Lynch, suing through her mother, Ms Patricia Lynch, of Brackenbush Road, Killiney, Co Dublin, failed in her claim for damages for negligence and breach of duty, brought against Dr Denham and the hospital, in relation to the time Gemma was born in 1980.
Dr Denham, of Whinsfield, Sandyford, Co Dublin, and the hospital denied that Gemma was born with spina bifida or that there was negligence.
Mr Justice Kinlen said that Dr Denham could not be blamed for the defect which was there from birth and was not really ascertained until the girl was six. Even if it had been ascertained, no treatment available in 1980, or indeed since, would have altered the physical condition from which she suffered.
The judge said that the girl had psychological problems in refusing to accept the extent of her disability (a problem with hand grip) and trying to conceal it.
She was a very attractive, intelligent and articulate young lady with many good friends.
She was also very bright and had got an A in maths and a B in eight other subjects in her examination last year.
Mr Justice Kinlen said he hoped that she would seek counselling and therapy. This might not change her physical defects, but it might help her to cope more readily.
There was no doubt she had serious and permanent disabilities which precluded her from doing an awful lot of simple things such as buttoning a shirt or threading a needle, and this would come against her in later life.
She was also difficult with her parents and resentful of occupational therapists and indeed some doctors. It often seemed that disabilities such as that afflicting Gemma only got noticed (as had occurred in this case) when the child went to school.
It was now conceded that although Dr Denham's treatment of the skin tag did not have universal support and, indeed, was criticised, it was not in itself negligent, and it was now conceded that it was out of the case.
Following his decision, Mr Murray McGrath SC, for Dr Denham and the hospital, applied for their costs. This was opposed by Mr Martin Giblin SC, for the Lynches. Mr Justice Kinlen pointed out that the side which won was usually entitled to an order for their costs. He asked if Mr McGrath's clients were insisting on their costs.
Mr McGrath said those were his instructions at that moment and he asked for a short adjournment. When the matter was mentioned again Mr Justice Kinlen gave liberty to Mr McGrath's clients to apply for their costs at a later date.