Legal News

The parents of a nine-year-old girl who died after a routine appendectomy have agreed an out-of-court settlement with the health trust involved.

Raychel Ferguson of Derry was admitted to Altnagelvin Hospital in Derry in June 2001.

Staff administered a lethal dose of fluid intravenously after her appendix was removed. The error caused cells in Raychel’s brain to swell as sodium levels in her blood fell.

She was transferred to The Royal Belfast Hospital for Sick Children but died after admission.

Raychel’s death was investigated as part of the Hyponatraemia Inquiry held in County Down, the findings of which have not yet been published.

The Western Health and Social Care Trust eventually admitted liability for Raychel’s death and apologised unreservedly to her family.

However, Raychel’s parents – Ray and Marie Ferguson – have branded the amount of the settlement “an insult”, however.

The settlement was due to be decided by the High Court in Belfast, after Mr and Mrs Ferguson lodged a claim for medical negligence in the court. However, Mrs Ferguson said they were advised by lawyers to settle out-of-court as the statutory limit of compensation for losing a child is set at
£11, 800.

Mrs Ferguson is calling for the law to change – and has vowed to fight on, saying that some claimants are awarded more for whiplash injuries.

“We are talking about the loss of a child – that’s the most horrendous thing that can happen to anyone,” said Mrs Ferguson.

“The money is not going to bring my daughter, but it’s just part of the legal system,” she added.

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