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20th July 2017
03:41pm BST
Angela and Andrew Neiland, the parents of six-year-old Tristan, today settled a High Court action over their son’s death in respite care, reports Ann O’Loughlin of the Irish Examiner.
St John Of God Community Services today apologised to Mr and Mrs Neiland for what they called "shortcomings in the care of Tristan at the time of his death."
Heartbroken mum Angela told Mr Justice Kevin Cross that she left her happy little boy in respite care on a Friday afternoon but that he came home in a white coffin, just one month before his seventh birthday:
"Tristan’s death broke our hearts and today we stand here and speak so as families who seek respite care are aware and vigilant of the care and lack of care provided by institutions. Tristan entered the services as a happy six-year-old boy on a Friday afternoon and returned to our home in a white coffin on the Monday afternoon."Mr and Mrs Neiland, of Cabinteely, Dublin sued the Carmona Respite Services Centre in Dun Laoghaire and three of its staff over the death of their son in 2013. Tristan Neiland had a number of significant medical conditions including autism, epilepsy and global developmental delay. Bruce Antoniotti SC, counsel for Mr and Mrs Neiland, told the High Court that a monitor which should have been attached to the young boy’s toe was not attached and Tristan, who was not checked for over an hour and a half, died as a result of a seizure. Angela Neiland told the court that her son died alone, with treatment only feet away:
"Tristan died unnoticed, alone and we only have an estimation as to his time of death. He died with equipment and medication that was part of his medical protocol only feet away. We live our lives without our Tristan but we hope and pray that no other family will suffer like we have. Tristan will live through us his family as we love and miss him all the days of our lives."In a letter sent by St John Of God Community Services Ltd. to Mr and Mrs Neiland, the respite service wrote:
"The Service acknowledges that this is a cause of great stress and anguish for Tristan’s family. We also acknowledge that Tristan’s mother did nothing to cause or contribute to his death."Ruling on the confidential settlement, Mr Justice Kevin Cross sympathised with Tristan's family on what he called their sad and unnecessary loss.
