Ruth and Andrew Kiernan, who sued the HSE for negligence on behalf of their daughter Ava, have learned that brain damage suffered by their child could have been avoided if appropriate action had been taken at the time.

Mr. Justice Kevin Cross asserted that a condition known as hydrocephalus would have been detected had a public nurse properly recorded the concerns of Ava's mother as well as the child's head circumference during regular check ups.

Ava, now seven-years-old, suffers from significant neurological damage which the judge attributed to initial failings on the part of the public nurse, deeming them 'materially causative' of the child's current condition.

The judge ruled that if Ava been called for a further check up, it is likely that the developing problem would have been detected and the infant would have received the necessary medical attention.

The HSE denied claims that certain symptoms went undetected in a failing which led to neurological damage, but acknowledged that an incorrect head circumference measurement was recorded in September 2008.

Further hearings will take place before damages in the case can be determined.

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