X ~v~ The HSE

The Plaintiff, a 32-year-old single man, began suffering from abdominal pain and weight loss in 2017. Following multiple A & E attendances a misdiagnosis of a normal CT scan was reported. The Plaintiff’s symptoms continued and eventually in early 2018, the Plaintiff underwent a contrast CT scan in Eastern Europe whereby a pancreatic tumour was diagnosed immediately. On return to Ireland, the diagnosis was confirmed as terminal.

Proceedings were issued and expedited with an initial failed mediation. The case settled at trial in January 2019 for €950,000 plus costs.

The HSE continued to dispute liability notwithstanding the strength of the expert evidence commissioned by the Plaintiff’s lawyers. Further, the HSE declined to offer an apology, notwithstanding that the damages paid in effect represented the full value of the claim.

Reference: Gillian O’Connor.