Mother reaches settlement with Te Whatu Ora over Dunedin girl's death

Hineihana Mausii died of leukaemia before her third birthday. Photo / Supplied

A Dunedin mother who sought damages of $500,000 over the death of her daughter has reached a settlement with Te Whatu Ora.

Hineihana Sosefina Mausii died of acute myeloid leukaemia in September 2013 just short of her third birthday.

She was discharged by doctors at Dunedin Hospital twice in two days and diagnosed with a viral illness, but within hours of the second visit she became severely ill and could not be resuscitated.

In 2016, the Health and Disability Commissioner found a variety of failings in her care, which resulted in the then Southern District Health Board making sweeping changes to protocol.

Those measures were endorsed by Coroner Brigitte Windley after an inquiry held three years later.

Hineihana's mother Tracey Elvins — who spent 17 years with her former partner trying for a child — filed documents with the High Court in July last year seeking $500,000, $20,000 of which would cover her daughter's headstone, funeral and other costs.

"The defendant owed the plaintiff, as Hineihana's mother, a duty of care to ensure that she did not suffer a psychiatric illness through nervous shock if Hineihana did not receive the expected standard of care and medical treatment," the statement of claim said.

"The plaintiff has experienced intense grief and suffering. She has lost her purpose in life . . . She is haunted by the fact Hineihana's death was avoidable."

The matter languished before the courts until this week when a judicial settlement conference was held.

Elvins confirmed the matter was now "discontinued" and could not comment further.

On September 26, 2013, Hineihana was at home from preschool, lost her appetite and was feverish.

She was taken to Dunedin Hospital the next morning and discharged several hours later.

A request for follow-up by the paediatrics department was never followed through.

The next night, Hineihana's condition deteriorated but a consultant looked at her across the emergency department and decided she could be sent home.

Later, two lower-ranking staff members said they had concerns about the decision but felt unable to raise them.

Hineihana went into respiratory arrest the next day and could not be revived.

Nine-year battle

Sept 2013: Hineihana Mausii dies at Dunedin Hospital.

June 2016: The Health and Disability Commissioner investigation results in censure of two doctors and a nurse, rules the SDHB team failed to provide appropriate care.

July 2019: Coronial inquest into Hineihana's death takes place in Dunedin District Court.

Aug 2020: Coroner Brigitte Windley releases findings, says the case has implications for every DHB in the country.

July 2021: Lawyers for Tracey Elvins file paperwork with the High Court seeking more than $500,000 in damages.

Sept 2022: The parties reach a settlement.