Girl secures €200,000 settlement over south Kerry Camhs treatment

Girl secures €200,000 settlement over south Kerry Camhs treatment

A girl who suffered “very significant” harm allegedly as a result of the care she received from South Kerry Child and Adolescent Mental Health Services (Camhs) has settled a High Court action for €200,000.

The girl, now aged 16, alleged she was inappropriately prescribed antipsychotic medications that exposed her to the onset of bulimia nervosa and a foreseeable risk of injury. The court heard she developed a self-harm “habit” and attempted suicide at the age of 13.

The €200,000 settlement against the Health Service Executive (HSE) is the largest of any sanctioned by the court over south Kerry Camhs treatment that formed part of a review of 1,300 patient care files.

The 2022 Maskey report, commissioned by the HSE on foot of concerns raised in September 2020 about clinical practice, found that 240 young people did not receive an appropriate standard of care and 46 suffered significant harm.

Case summary

The High Court heard on Friday that the girl was referred to the south Kerry HSE-run service five years ago, when she was aged 12, on account of her panic attacks, stress, anxiety and self-harming behaviours.

She was prescribed the antidepressant Setraline and the antispychotic Risperidone, the latter of which was later replaced by two anti-psychotic drugs: Quetiapine and Aripiprazole, her senior counsel, John Gordon, told the court.

He said her health “deteriorated rapidly” as a result of the medication changes, and she suffered “very significant injuries”. Although on the drugs for a “relatively short” period, the “damage was enormous”, he added.

She became more anxious and stressed, extremely tired, gained some 20kg and developed a habit of self-harm, he said. She suffered bullying as a result of her weight gain and she developed bulimia for which she is still receiving treatment, said Mr Gordon, instructed by Coleman Legal solicitors.

In her legal papers, the girl said her mother brought her to a hospital emergency department in September 2020 where a psychiatrist reviewed her treatment plan and ceased her prescription for the Aripiprazole anti-psychotic.

Allegations

Suing through her mother, she claimed the HSE apologised for the deficits in the standard of care and acknowledged harm was caused to her although, due to the inadequate monitoring of her case, the extent of harm could not be evaluated.

She alleged the HSE was guilty of negligence and breach of duty in prescribing Risperidone, which, she said, is not recognised for treating panic disorder in adolescents.

There were also failings in continuing to prescribe the drug, and increasing the dosage, after her GP communicated elevated levels of prolactin, which is the hormone responsible for lactation and breast development, she claimed.

She also alleged negligence in prescribing two anti-psychotic drugs at the same time and in allegedly failing to document the rationale for this.

Although she self-harmed before attending the service, she alleges it became much more serious afterwards, partly due to her mood and partly due to her weight increase. She said her mood and energy levels improved after she ceased taking Aripiprazole.

She was later diagnosed with obsessive compulsive disorder and has received counselling and cognitive behavioural therapy. She is awaiting referral to a local eating disorder clinic.

‘Distressing’

Mr Justice Paul Coffey approved the settlement in what he said was a “very distressing case”. Speaking to the girl and her mother in court, he said she has “suffered enormously” and he is glad to hear she is receiving the care she is entitled to.

The High Court has approved several other settlements for children under a State compensation scheme set up for patients affected by the south Kerry Camhs failings. The €200,000 settlement is the largest to date.

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