Elaine Lennon -v- The Health Service Executive and Dr. Patrick Mathuna
This case involved a woman who suffered a brain injury in 2007 as a result of a failure to carry out a CT scan that would have shown an abscess in her brain.
She attended the accident and emergency department of Our Lady of Lourdes Hospital in Drogheda, Co. Louth on 4th February 2007 complaining of headaches. A medical registrar diagnosed her as having a urinary tract infection and dehydration. Doctors at the hospital questioned whether she should have a CT scan of her brain but ultimately no scan was carried out and she was discharged on the 11th February 2007.
She continued to feel unwell and attended Dr. Mathuna’s clinic on 14th February and was given an injection. On the 17th February she collapsed at her home and was admitted by ambulance to the A&E unit. A CT scan was then performed and it showed an abscess in her brain that had burst into the ventricles.
It was alleged that the HSE, as operator of the hospital, was negligent in not carrying out a CT scan when she first presented at the hospital and then carried out the CT scan too late on her second admission. It was also alleged that Dr. Mathuna was negligent in wrongly diagnosing her symptoms and in failing to refer her to the hospital having regard to her history of repeated headaches and unsteadiness on her feet.
The case was settled on an interim basis and will be back before the High Court for review in 2013. Ms. Lennon was awarded an interim payment of almost €2.4 million.
Avril Doyle -v- The Health Service Executive and Joseph Duignan
This case involved a claim brought by a woman who suffered brain damage as a result of a hospital procedure performed shortly after she returned from honeymoon. The case was settled at the High Court. Details of the settlement were not made public.
In June 2005, Ms Doyle became ill while on honeymoon. On her return she attended St. Michael’s Hospital, Dun Laoghaire. On the 18th July a laparotomy was performed in order to treat abdominal adhesions. Ms. Doyle was discharged after 10 days but readmitted on 2nd August 2005 after her condition got worse. She underwent further surgery and she required emergency intravenous feeding.
It was alleged that as a result of the failure to administer the vitamin thiamine as part of the feeding that she was left brain damaged with a condition known as Wenicke Korsakoff psychosis. The Court was told that as a result of her condition, she now requires almost 24-hour care.
Patricia Ingle-v-The Health Service Executive & Petmania & O’Keeffes of Kilkenny Ltd
This case related to a 22 year old woman who contracted a brain disease as a result of working at a Petmania store in Limerick. She took the case against the HSE over its failure to diagnose her condition in time. She also sued Petmania alleging that Ms. Ingle received no training from her employer in health and safety matters. The case was settled against the HSE. The HSE then had the option of taking a case against Petmania and its parent company O’Keeffes of Kilkenny but this matter was also settled.
It was alleged that she contacted Chlamydia psittacosis from a Cockatiel parrot during July/August 2008 when she worked in the store. It is an airborne infection which can be transferred from birds to humans.
On 12th August 2008, Ms. Ingle suffered severe headaches and vomiting. She attended a doctor and was sent to the Midwestern Regional Hospital. She was treated and was then sent home to rest. She deteriorated and went to her GP on the 1st September and he referred her to hospital. By 3rd September, she had suffered brain damage.
It was alleged that there was a delay in diagnosing her condition and that doctors at the hospital failed to recognise in time that she needed to see a neurologist which was only available in Cork University Hospital.
A lump sum payment of approximately €3 million was made immediately to Ms. Ingle and the case will come before the court again in 2013 in order to agree a structured payment scheme in the event that new legislation as recommended by the working group on payments for catastrophic injuries is enacted.
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Ralph McMahon, BCL, Dip. Emp. Law Direct dial number: 01 8898592
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Cathal Mooney, BBLS
Legal Executive
Ashley Jepson, Dip. Fam. Law Direct dial number: 01 8898594
