High Court approves settlement for girl operated on at Temple Street

The High Court has approved a settlement of almost 1 million euro for an 11-year-old girl whose life expectancy has been shortened after she was operated on using uncertified springs at Temple Street hospital. RTE reported that it is the first High Court-approved settlement following the disclosure of unapproved implantable springs used in spinal surgery.

The girl, Nellie Lannen, was born with spinal muscular atrophy type one, a neuromuscular disorder. The court heard that a new drug had improved her life expectancy, and that she needed surgery for kyphosis, a forward curving of the spine that affected her ability to breathe.

The court heard that surgeon Connor Green recommended what was described as experimental surgery, using a spring system that was not certified. Nellie was first operated on in October 2020 when she was five years old, and had 14 further procedures after that first operation, including a revision surgery just five days later.

RTE reported that the rod and spring system inserted on her left side shattered her pelvis, and that she experienced repeated infections and metal protruding from her body. An expert report stated that performing surgery with this system was, in the report's words, "entirely unreasonable", and described the manner of pelvis fixation as "unconventional". The court heard that she should have had fusion surgery instead, that the original kyphosis was not corrected, and that she was left in a worse situation than before the surgery.

The family sued Children's Health Ireland, which admitted breaches of duty. Senior Counsel Jonathan Kilfeather told the court that the kyphosis she had originally been treated for had not been corrected. He said there was a hope she might be able to have the alternative surgery in the future, but that it was a "hope not an expectation".

The court heard that the settlement provides 350,000 euro in general damages, 260,000 euro for retrospective care, and 340,000 euro for future care, including aids, appliances and physiotherapy. Mr Justice Paul Coffey approved the interim settlement and wished Nellie and her family the best in the future. RTE reported that the family must return to court in two years for a further settlement.

Speaking after the case, Nellie's father, Stephen Lannen, said the metal structure in her back was as if a coat hanger had been inserted into her and she was, in his words, "on that coat hanger", with multiple rods protruding through her skin. He said the family were very angry that she had missed her opportunity to have the correct surgery, and that the negligence of Children's Health Ireland had robbed Nellie of this opportunity. He said Nellie, who is now 11 years old, deserved so much better.