A 15-year-old boy who attended South Kerry child and adolescent mental health services is to be awarded over €90,000 for psychiatric injuries caused by inadequate care.
It’s the first of these South Kerry cases to be heard before the High Court since the Maskey report was published in January last year.
The independent review by consultant psychiatrist Dr Seán Maskey found that significant harm had been caused to 46 patients attending South Kerry CAMHS.
It also found that 227 children were exposed to risk of significant harm while under the care of a junior doctor.
A further 13 patients had also been put at risk as a result of their treatment at South Kerry CAMHS.
A non-statutory compensation scheme for children who were deemed victims of malpractice at the South Kerry Child and Adolescent Mental Health Service opened in April last year.
Since then, a number of families have engaged in the scheme which involved an independent psychiatric evaluation to determine the harm caused to the child, as well as a mediation process.
While 227 children treated by the South Kerry Child and Adolescent Mental Health Services were put at risk of harm while under the care of a junior doctor, 46 suffered significant harm.
Senior counsel David Sutton, acting under the instruction of solicitor Dan O’Connor, outlined to Mr Justice Paul Coffey that the determination of the value of compensation is difficult in these cases as the children involved have pre-existing conditions.
However, Mr Sutton said he was satisfied with the HSE’s offer of €87,500 for psychiatric injury caused by inadequate care which will remain in the possession of the court until the plaintiff turns 18.
The sum is in addition to a payment of €5,000 to be used for expenses leading up to the case.
The HSE has now settled with a number of Kerry families and is awaiting approval by the High Court, while others have opted out of the scheme.
