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Brain damaged boy awarded €1.8 million interim damages

Jude Miley was six months old when he had an operation in Our Lady’s Hospital for Sick Children on his diaphragm to help his breathing. In error, an untrimmed suture caused damage to his heart muscle, and two days later the baby had a heart attack and had to undergo emergency surgery.  Jude’s brain had suffered widespread damage, which was detected following an MRI scan a few days after his heart surgery.

Liability was admitted on the part of the hospital in that they failed to use the correct suture or it was placed in such a way that it had the effect of damaging his heart every time he took a breath.  They also failed to follow up correctly when Jude’s parents were concerned about their son’s condition, following the initial surgery.

The case was before Mr. Justice Barr for assessment of damages and he will assess further damages regarding the costs of future care.  In the meantime, the sides have agreed a settlement of €1.8 million, comprising €900,000 towards a new house and €900,000 for loss of earnings as both parents have had to give up their jobs to care for their son.

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