The little girl has received a €2.5 million interim settlement from the Health Service Executive (HSE) after a judge found that a nurse failed to take appropriate steps regarding her health as a baby.
The High Court previously ruled that hydrocephalus (also known as water on the brain) could have been detected in Ava, had her public health nurse recorded and investigated Ava’s mum Ruth’s concerns.
Ruth, from Meath, went on to sue the HSE for negligence on her daughter’s behalf over the devastating events that unfolded in 2008.
Ruling on the case today, Mr Justice Kevin Cross awarded the interim settlement to Ava, citing the unnamed nurse’s failure to act on information that could have prevented Ava’s brain damage. He also told the court that the failure to have Ava called for another examination resulted in further negligence.
In a statement issued by the Kiernans after the ruling, they criticised the HSE and State Claims Agency for denying liability in the case.
