Young Mother Awarded €75,000.00 for Nervous Shock

On Saturday the 18^th February 2006, Natalie Courtney put her two year old twins, Aisling and Aaron to bed.  Later that night, she heard Aisling crying and gave her Calpol.  The child could not keep it down and pointed to the back of her neck as being sore.  Natalie brought Aisling to Our Lady’s Hospital in Crumlin, where she was examined by a Triage Nurse and given paracetamol.  At 3pm, Aisling developed a rash on her back and it was not until some time after 7am when she was seen by a doctor, who said that she had “a viral gastric bug”.  He said the bug would last 24 hours.

Shortly afterwards, Aisling developed purple spots and was put on a drip.  Natalie was later told that she was being treated for meningitis.  Her condition then deteriorated rapidly.  She was brought to intensive care where she suffered a heart attack and died shortly before 10.30am.

Nathalie sued Crumlin Hospital for damages for nervous shock arising from the circumstances of her daughter’s death.  The hospital conceded liability and the case proceeded as an assessment of damages only.  The Court was told that since Aisling’s death, Natalie’s life had changed dramatically.

Prior to her daughter’s death, she had no history of psychiatric illness.  At that time, she was a bright, outgoing individual who coped easily and cheerfully with the normal burdens of life.  She had become socially withdrawn and had become irrationally fearful for the health of her other children.

Mr. Justice O’Neill said that he was satisfied that Natalie suffered a significant depressive illness that was caused by her exposure to “a shockingly traumatic sequence of circumstances” at the hospital culminating in her daughter’s death.  The Judge held that she would never fully recover and that the experience she endured would affect her for the rest of her life.  He awarded her general damages of €75,000.00 and her costs.

The Judge also awarded Natalie the costs of her legal representation at the inquest into Aisling’s death.  Our Lady’s Hospital had disputed that she was entitled to recover those costs.

Liam Moloney, Personal Injury Solicitor is an expert in medical negligence claims and has acted for many victims of nervous shock and has recovered compensation for them.  If any of these issues affect you, please feel free to contact Liam Moloney, Solicitor today at 045 989000 or simply log on to our website www.moloneysolicitors.com for further information.