HSE apologises after girl immunised during Covid-19 with used needle
Barrister James Cross told Judge Fiona O'Sullivan in the Circuit Civil Court today that Ella Mockler Mulhern, now within six weeks of her 18th birthday, had suffered significantly as a result of the HSE's negligence and breach of duty.
Mr Cross, who appeared with James McSweeney Solicitors, Tallaght, for Ella, said when she attended a vaccination centre in Citywest Hotel in Dublin, in August 2021, she was given a vaccination with a needle the nurse had already used on one of three other people.
Ella's father Niall Mulhern, of Beech Park, Lucan, Co Dublin, told the court in written evidence that a second vaccination was then administered without discussion with and the consent of either himself or his daughter.
He said the nurse involved had denied that the first syringe had been used previously but on his further inquiry from the clinical lead nurse, an investigation had been carried out and it had been confirmed the syringe had been used on another person but the nursing staff had been unable to identify on which one of three other people it had been used on.
Mr Cross said Ella had to undergo blood tests and she had to be vaccinated for Hepatitis B. He said at least one of the possible three people who could have been injected with the syringe used on Ella had refused to undergo blood tests and as a result Ella had to undergo a post-exposure antiretroviral therapy course for a month.
Judge O'Sullivan heard this had caused Ella to feel acutely unwell with symptoms of nausea. She had been upset and distressed by what had happened and had been unable to attend school for almost a month.
Ella had to undergo tests for Hepatitis C and HIV, suffering psychologically as a result and also developed a fear of doctors.
Just under a year later, Ella had developed an abscess which had ruptured during her school sports day causing her considerable further distress and which had to be treated with antibiotics. It was not known if this had been due to the treatment she had received in Citywest.
Mr Cross said an initial settlement offer of €11,500 by the HSE had been rejected earlier by another judge.
This had been followed by an offer of €16,500 and latterly by an offer of €20,000, expenses and legal costs which Mr Cross said he was recommending to the court.
Judge O'Sullivan, approving the HSE's final offer, said the injuries associated with what had happened would have had a serious impact on the child and she felt €20,000 compensation was acceptable in the circumstances.
Barrister Seamus Breen, counsel for the HSE, read out an apology on behalf of his client during which he said the defendant accepted responsibility for what had happened and pointing out that Ella was blameless for what had occurred.
He said the HSE wished Ella every success in her life.
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