Back to newsSignificant Settlement Of Case For Man with Intellectual Disabilities left with catastrophic injuries as a consequence of a delay in diagnosing his Cauda Equina Syndrome (“CES”)
Posted in on Thursday, May 2nd, 2024
Aisling Maher, assisted by Mags O’Shea, recently achieved a significant out-of-court settlement for a 73-year-old man with intellectual disabilities, Eamon O’Sullivan.
In short, in the afternoon of the 30th December 2021, Eamon was referred to the A&E department of University Hospital Galway by his General Practitioner to rule out CES. He presented there at 18.04 hours and was subsequently admitted but it was not until 14.20 hours on Monday, the 3rd January 2022 (i.e. 3 days and 20 hours after presentation to UHG), that the CES diagnosis was confirmed post an MRI being belatedly performed, after which, emergency decompression surgery was performed. However, sadly, in view of the delays that occurred, Eamon was rendered paraplegic and doubly incontinent. Subsequently, he suffered further complications with cellulitis, sacral pressure sores, osteomyelitis, sepsis and a psychological sequelae.
Arising from the complex injuries suffered by Eamon, and the ongoing adverse effects same were having on him, the Court agreed to fast-track his case in November 2023.
The HSE denied liability and injury until recently when they filed an amended Defence (March 2024) admitting negligence for the delay in diagnosis/ treatment, but continuing to deny causation/injury arising from the negligence claiming that much of Eamon’s injuries were caused by the time Eamon presented to hospital, which was denied. The case had been specially fixed for hearing on 13 March 2024, but it settled that day before the case commenced due to the strength of the Expert Evidence procured by Cantillons on Eamon’s behalf. The settlement was approved by the High Court on the 14 March 2024.
As part of the significant settlement, the HSE agreed to fund Eamon’s nursing home care for the rest of his life (to include provision for a bespoke increased care package affording him 24/7 care and a PA), in addition to other aids and therapies he requires on an annual basis for his life. It is hoped that the settlement will restore some of his independence that was so cruelly taken away from him arising from the Defendant’s negligence.
See media coverage of this story below:
https://www.irishexaminer.com/news/courtandcrime/arid-41353147.html
Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com if you would like more information.
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