Killian Burnett from Finglas, the High Court heard, died of cardiac arrest at home brought on by an acute asthma attack on March 22, 2022.

Killian, it later emerged, had four cancelled appointments between his first referral to see a consultant in respiratory medicine in December 2017 and his death. He had suffered from asthma resulting in numerous attendances at Temple Street Children’s Hospital over nine years beginning in early 2013 when he was six years old.

The family’s counsel Jonathan Kilfeather SC told the High Court that Killian presented at hospital on up to 11 different occasions with acute exacerbation of his asthma or with an asthma attack and it was their case that on none of the occasions was he treated appropriately. Four of the hospital presentations with asthma exacerbation, he said, happened in the last four months of the teenager’s life.

The hospital in a serious incident review report following Killian’s death found missed opportunities to manage and provide a higher level of care to Killian and missed opportunities for waiting list management and access to specialist reviews.

Counsel said the case and six nervous shock actions brought by Killian’s family members were settled after mediation.

In the proceedings against Children’s Health Ireland (CHI) brought by Killian’s father David Burnett, it was claimed that notwithstanding the severity of Killian’s asthma with frequent exacerbation often requiring presentation to the hospital emergency department he was discharged by the hospital on every occasion without appropriate assessment, investigation or treatment.

Counsel told the judge an apology had been given to the family in November last year.

The apology signed by the CEO of Children’s Health Ireland Lucy Nugent was read to the High Court.

It said: “ I would like to extend my sincere apologies for the shortcomings in the care that Kilian received in CHI. 

"We acknowledge that the experience was devastating for you and understand that this apology cannot negate the deep effect the loss of your son has had on your lives or in any way make up for this tragic loss. “ 

It concluded by saying that CHI “drives at all times to optimise patient care and we will continue to ensure that best practice is at the forefront of our clinical service to all our patients".

Noting the settlement and the division of the €35,000 statutory mental distress payment, Mr Justice Paul Coffey offered his deepest sympathy to Killian’s family.

Outside court, flanked by his father David Burnett and his mother Cathryn Travers and other family members Jordan said the family legal battle was for their brother.

"This was all for Killian; we will carry him with us every day for the rest of our lives,” he said.

“Nothing will ever bring Killian back. He should still be here with us today. He should have had the chance to grow up, to live his life, and to have the future he deserved.” 

Jordan said it was a hard but important day for the family.

“Following Killian’s inquest, we were told that no child with asthma should be left waiting more than two weeks for the care they need. 

"We welcome that change, but we want to see it honoured in practice. Killian’s death must not be in vain, and no other child should ever be failed the way he was.

“No family should have to go through the heartbreak, grief and trauma that ours has lived with every day since losing Killian.”