The High Court has begun hearing an action for damages in the case of an 11-month-old boy who was brain damaged because doctors at Temple Street Hospital failed to diagnose an infection.
The court heard Benjamin Gillick, who is now almost six and lives in London, suffered a brain stem injury which should never have happened.
Benjamin was born prematurely at 25 weeks gestation in April 2010. He was one of twins and was born at home before he and his mother were taken by ambulance to hospital, where his twin brother was delivered.
Benjamin had a number of associated complications of prematurity at birth but otherwise was developing normally. He had one residual complaint of fluid on the brain but had otherwise reached all his milestones.
He underwent when he was 11-months-old a procedure to drain fluid on the brain at Temple Street Children's Hospital.
He had a shunt inserted but later developed an infection after he was discharged from hospital.
Despite admission to the emergency department of Temple Street, the infection was not diagnosed and doctors there instead suggested he had a chest infection and gastroenteritis. He got progressively worse.
It was three days before his condition was diagnosed. However, by then he had suffered a seizure and a stroke and was left permanently brain damaged.
The court was told that when a baby has a shunt inserted and returns to hospital sick one of the first thing a neurologist should check is the possibility of a shunt infection, which is a well known complication of the procedure.
Despite some medical staff suggesting this, the neurosurgeon declined to check for it, the court was told.
The hospital has admitted liability and the case is before the court for assessment of damages only.
The defendants had at the outset of the case asked the court to assess damages on the basis of interim payments rather than a lump sum.
However, this was rejected by Mr Justice Kevin Cross who said there was no reason to depart from the rule of law in this case. The judge said the current law provides for lump sum payments.
Lawyers for the boy said he has cerebral palsy and has a number of disabilities and must use a wheelchair.
He is dependent on others for all activities and will need constant care for the rest of his life.
He also has behavioural issues and cannot speak but has mastered some elements of sign language.
His parents Miriam and Andrew have since returned to live in London.
His mother is a former investment banker and hopes to return to work but has been unable to do so because she is the full-time carer for her son.
Ms Gillick told the High Court they currently live in a flat in Putney which has no lift.
She described the difficulties they experience with their accommodation due to the number of physical aids her son requires. The couple also have a third child who was born last year.
The court was told that unlike Ireland any award of damages will be subject to 20% tax in the UK, even if awarded in this jurisdiction.
The case continues before Mr Justice Cross at the High Court.
