A 7-year-old girl who was left brain damaged as a baby, after a public health nurse failed to take appropriate steps, is to receive a €2.5 million settlement.
Ava Kiernan's mother Ruth Kiernan from Duleek, Co Meath sued the HSE for negligence on her daughter's behalf arising out of events in 2008.
In March a High Court judge found hydrocephalus – or water on the brain - would have been detected in baby Ava if the public health nurse carrying out regular check ups had taken appropriate steps.
Mr Justice Kevin Cross found the nurse - who was not named - failed to record concerns expressed by the baby's mother Ruth Kiernan, and failed to record the circumference of the baby's head at 46 and a half centimetres.
He also found there was a failure to have baby Ava recalled for a further examination.
Having made these conclusions the High Court today approved a €2.5m interim settlement.
In a written statement, Ava's parents said the payment will provide the care and support their 7-year-old daughter needs, but they also expressed the view that it was unacceptable for the HSE and State Claims Agency to deny liability knowing the evidence and the suffering Ava has to endure.
