SA family, government, agree to a likely significant settlement to end lawsuit over ‘negligence’ that saw baby undergo two transplants

A man left with profound disabilities arising from an infant illness he says the Flinders Medical Centre should have diagnosed has ended his case with a settlement win.

A man left with “catastrophic injuries” after undergoing two organ transplants at the age of just 10 months has received what is likely to be a significant, multimillion-dollar sum.

The Advertiser can report the man, now in his 20s, has settled his Supreme Court lawsuit over the alleged negligence of the Flinders Medical Centre.

While a secrecy order has been made by the court, The Advertiser understands that the settlement is likely to be a significant multimillion sum.

The man had alleged FMC staff misdiagnosed a rare infant liver condition as standard jaundice, prompting two “premature” transplants.

While the second of those transplants saved his life, he alleged it also left him with a hypoxic brain injury, Cerebral Palsy, autism and “significant cognitive impairment”.

The man alleged his illness should have been diagnosed by Flinders Medical Centre staff, but was not. Picture: Generic image

The state government had denied his allegations and defended the actions of FMC staff, sparking a scheduled eight-week trial – only to settle the case weeks before it started.

On Friday, the man’s lawyer, DBH partner Peter Jackson, said he could not discuss how much was paid because the terms of the settlement were confidential.

However, he said the result was clearly a positive one for his client that will see “life long” treatment being paid for.

“Our client’s family is very happy with the result, however we’re unable to comment on the amount because of the confidentiality agreement,” he said.

The man ended up with severe, lifelong injuries as a result of his treatment as a baby at Flinders Medical Centre. Picture: Brett Hartwig

“The money will be paid to an independent trustee who will manage the funds for the use and support of our client for the rest of his life.”

In court documents, the man’s counsel alleged he had jaundice at birth and that FMC staff told his mother it was “benign breast milk jaundice” which “would pass” within 14 days.

“(The man) did not have breast milk jaundice but Bilary Atresia, which occurs when one or more of the bile ducts to the liver is restricted,” the documents alleged.

The state government denied Flinders Medical Centre had been negligent, but settled the case prior to trial. Picture: Ben Clark

“The delay in investigation, diagnosis and treatment led to irreparable damage to (his) liver, requiring a transplant at only 10 months of age.

“The first transplant was unsuccessful and he underwent a second … as a result, he suffered a hypoxic brain injury and was left with catastrophic injuries.”

The documents alleged FMC owed the man and his mother “a non-delegable duty of care”, which it breached through its inaction.

“Had the FMC properly assessed, investigated and diagnosed in a timely manner, the diagnosis of Bilary Atresia would have been made sooner,” the papers allege.

“(The man) would have received immediate treatment by way of surgery which either would have been successful or substantially delayed the need for a transplant until he was older.

“As a result of the negligence, (his liver was) unsalvageable leading to him requiring two premature liver replacements (and) suffering the brain injury.”

In its court documents, the government said the FMC had “acted in accordance with the duty of care it owed” the man and his mother “at all times”.

“(We) deny each and every allegation contained in the claim,” it wrote.

Originally published as SA family, government, agree to a likely significant settlement to end lawsuit over ‘negligence’ that saw baby undergo two transplants