A 13-year old girl who had a hip abnormality at birth which allegedly went undiagnosed for six years and who now has a permanent disability has settled her High Court action for €1million.
Nyomi Millea Melvey’s father, Colin, told the High Court she can only walk for three to five minutes before her hips lock up. She will also need three hip replacement operations in her lifetime.
The bilateral hip dysplasia was diagnosed when the girl was six years of age and it is claimed by then the treatment options were extremely limited.
Her counsel Liam Reidy SC said Nyomi was born with the condition where both hips were displaced but that this was missed. It was their case Nyomi had been examined on different occasions and there was an alleged failure to discover the abnormality.
Nyomi Millea Melvey, Farran Park Upper, Grange, Co Waterford had, through her mother Wendy Millea, sued the HSE.
Her mother had attended at Waterford Regional Hospital for antenatal care in respect of her pregnancy. Nyomi was born on January 20, 2005 with bilateral hip dysplasia but it was claimed this condition was not noticed, observed or diagnosed.
It was claimed the bilateral hip dysplasia was not diagnosed until February 201I and the condition it was claimed had progressed to the stage where the treatment operations were extremely limited and would not be effective to correct the problem or prevent signifìcant and long-term disability.
It is claimed the alleged delay in diagnosis occurred notwithstanding the physical appearance of the child and concerns raised by her mother.
There was it was claimed an alleged failure to ensure or undertake ultrasound scanning or other radiological assessment of the hips at any material time and an alleged failure to afford Nyomi any opportunity of early conservative and successful treatment of the condition.
It was also alleged there was a failure to recognise the underlying hip problem from simple observations of Nyomi and an alleged failure to refer her for evaluation by an orthopaedic surgeon or a suitably qualified professional health care person.
The claims were denied by Nyomi’s father Colin Melvey told the court his daughter has done really well considering, but she has to work harder because of her disability.
He said she can only walk three to five minutes before her hips lock up and doctors have advised she will require three hip replacements in her lifetime.
Mr Justice Paul Butler approved the settlement