Cork girl who sued over burst appendix settles action for €165,000

High Court Reporter

A young girl who presented to Cork University Hospital with a nine-day history of abdominal pain but was discharged home suffered a burst appendix and returned to hospital two days later in a septic state, it has been claimed before the High Court.

Liana Cirule’s counsel told the High Court that there was a burst appendix where two to three litres of pus escaped into the girl’s stomach area. There was significant infection, and she required surgery.

Aidan Doyle said Liana from Clonakilty, Co Cork, was four days in intensive care and was not discharged home for over two weeks.

Liana Cirule, who is now 17 years old, had through her mother Inese Kurdziel, sued the HSE over the care provided at Cork University Hospital and by the National Ambulance Service in 2019.

Judge Paul Coffey, who said it was “a most unfortunate case”, was told it had settled for €165,000.

Doyle told the court that in December 2018 Liana was complaining of abdominal pain and vomiting.

She was brought to her GP on several occasions, and on the fifth occasion, on January 3rd, 2019, her doctor recommended that she go home and call an ambulance.

Counsel said that the ambulance crew advised that the girl did not need to go to hospital.

Six days later on January 9th, 2019, Doyle said Liana was in a bad way and was referred by her GP to Cork University Hospital .

Counsel said the young girl was discharged home with medication.

On January 11th, Liana’s GP again referred her to Cork University Hospital with a letter asking that she be admitted as a matter of urgency.

Counsel said that Liana was admitted and had a CT scan, and she had to have a laparotomy.

Counsel said it was their case that on January 3rd, the ambulance service ought to have taken the young girl to hospital.

His side also contended there was an alleged failure on January 9th, when the girl went to the Cork University Hospital emergency department, that she was not admitted.

An expert on their side, Counsel said, would say that more than likely Liana’s appendix burst between January 9th and January 11th and that if it had been discovered on the January 9th visit, she would have had to have less invasive surgery.

Counsel said no defence had been put in, but liability could be an issue in the case.

In the proceedings, it was claimed that when Liana went to Cork University Hospital on January 9th, a diagnosis of gastroenteritis was made, which it was alleged was an inadequate and inappropriate diagnosis.

It was also claimed the girl’s symptoms had been allowed to progress.

It was further claimed the failure to admit the girl to the hospital on January 9th allegedly caused her clinical course to deteriorate and she needed open surgery.

It was also contended the girl’s appendix perforated between January 9th and 11th and had she been admitted to hospital on January 9th and treated then an earlier appendicectomy would more probable than not have resulted in the avoidance of perforation.

Approving the settlement, Judge Coffey said it was fair and reasonable.