Lucas had to keep his foot elevated at Starship Hospital before surgery to drain the fluid and keep the blood pumping to his leg. Photo / Supplied
Lucas had to keep his foot elevated at Starship Hospital before surgery to drain the fluid and keep the blood pumping to his leg. Photo / Supplied
Warning: Distressing photos
Parents of the blind toddler who nearly died and may have difficulty walking after his foot filled with intravenous fluid are seeking legal advice after being declined childcare and occupational therapy support from the Accident Compensation Corporation.
"I don't know if my son will ever walk again after a mistake the hospital made ... I did not expect ACC to be this heartless," said Lucas' mum, Ginni.
A letter from the hospital to the family, seen by the Herald, apologised for the failure and revealed medical documents were missing amid an investigation to find out how the mistake happened.
Since before Lucas was harmed in June, he was receiving weekly occupational therapy provided by Starship Hospital because he was born with septo-optic dysplasia.
The rare condition is a disorder of early brain development and left Lucas with special needs and almost completely blind.
But his parents, Ginni and Mike, say the IV harm caused further damage to his development and may have left Lucas with severe nerve damage in his foot, affecting his ability to walk.
"This is a special-needs kid who is blind and needs every bit of sensory [feedback] he can get, especially through his feet - and they may have just removed all of that," Mike said.
Lucas' parents lodged a treatment injury claim seeking coverage for wound care, rehabilitation and child support so his mum could return to work. Wound care was covered.
ACC sought the opinion of an independent occupational therapist (OT), who recommended 24 hours of childcare support for 14 weeks.
In the report, seen by the Herald, the medical expert said Lucas needed intensive speech, physical and occupational therapy "aimed at rehabilitating Lucas to his pre-injury baseline level".
Another occupational therapist, sought by the family, said in a report Lucas' had "experienced a significant decline in functional ability following the injury and subsequent extended stay in hospital".
That report said Lucas was due to start daycare, while his mum went back to work, but due to "significant setbacks both physically and cognitively following the injury Lucas is unable to commence daycare".
Parents Ginni and Mike worry their toddler Lucas, who was born with special needs, has lost crucial months of development. Photo / Dean Purcell
"He cried himself to sleep three months after the injury because he's so distressed."
Before the IV harm, Mike said, Lucas was starting to crawl. Now all he could do was lie on his back and try to move his arms by himself.
"He still can't talk and we are worried we are running out of time and he could end up like this forever," Mike said.
Last week, ACC sent a letter to the family saying it had carefully assessed all the information available and decided to reject the request for support because these needs were not related to the IV injury.
"The medical information and evidence show that these supports are related to the underlying condition of septo-optic dysplasia, which is not covered by ACC," the letter said.
The Government-funded injury compensation agency told Lucas' parents it would reconsider if further medical information was submitted.
The Herald asked ACC for a response and to clarify what further medical information was needed but ACC was unable to respond today.
In the letter, ACC told the family they were entitled to an independent review by applying in writing within three months.
Ginni said they had since done so after speaking with a lawyer who told them they had a case.
Lucas' foot a few days after it was discovered, prior to surgery. Photo / Supplied
ACC lawyer Hamish Peart said Lucas' case raised interesting and challenging issues around a child who already has a disability and then has an injury.
"It's easier to attribute the needs to the disability rather than the injury, when it's probably a combination of both."
Peart said he would be telling ACC that Lucas' needs relate to his treatment injury and the agency was responsible for any consequence of treatment injury.
ACC data provided to the Herald on Sunday showed that each year between 400 to 560 people received taxpayer-funded compensation after being harmed by an IV inserted wrongly into the veins or becoming dislodged.
• This article was corrected on September 27. It initially said that before Lucas was harmed in June, he was receiving weekly occupational therapy provided by ACC because he was born with septo-optic dysplasia. Starship Hospital provided that support. The introduction was also updated to clarify that occupational therapy and childcare support was declined.
