Settlement of €850,000 in case over delay in hearing loss diagnosis

A 24-year-old woman who sued over an alleged delay in the diagnosis of her hearing loss when she was a young child has settled her High Court action for €850,000.

Gemma Healy, from Clonakilty, Co Cork, was brought for tests to the HSE audiological services in Cork when she was a toddler and was told the hearing was normal in both ears, the High Court heard.

A full defence was filed in the case but the settlement was reached after mediation, the court heard.

Ms Healy's counsel, Conor Kearney BL, instructed by solicitor Mark Tiernan, told the court that the diagnosis appears to have been incorrect and at aged four a private audiologist found a significant hearing loss in her right ear and some loss in her left ear.

Counsel said it was their case that the alleged delay in the initial assessment and problems in the treatment led to significant speech issues. He said there were complex issues in the case in the area of causation.

Ms Healy, he said, is a bright woman who does her best to get on with things.

Ms Healy, of Ballyvackey, Clonakilty, Co Cork, had through her mother Catherine Healy sued the HSE which was responsible for audiological services in County Cork. The HSE was also the owner and operator of audiological care centres at St Finbarr's Hospital, Cork and on North Main Street, Cork city where Gemma was tested.

When she was about 18 months she was referred to St Finbarr’s Hospital for audiological examination and testing. She was tested in the hospital and at the facility at North Main Street.

It is alleged that, notwithstanding the purported testing of her audiological capacity, the HSE failed to properly diagnose Gemma’s condition and in particular her severe impairment.

Ms Healy’s parents were considerably concerned about their daughter’s hearing as her mother felt she could not hear a phone held to her right ear, it was claimed.

Private testing in late 2002 was suggestive of moderate or severe hearing loss in the right ear, it was claimed.

Ms Healy was then reviewed at the HSE facility at North Main Street, Cork in February 2003 where only a mild hearing loss in the right ear was detected. The child was retested by a private audiologist in October 2003 who again found moderate to severe hearing loss in her right ear.

She was referred back to North Main Street again for the fitting of a hearing aid, but subsequent testing confirmed Ms Healy had moderate to severe loss of hearing in her right ear with mild loss in her left ear, it is claimed.

It was claimed she was subjected to treatment with various hearing aid devices since about 2003 and that the treatment was such that it has been allegedly detrimental to her ability to hear well.

It was claimed Ms Healy was deprived of the benefit of earlier treatment and that the treatment provided was inappropriate.

Approving the settlement Mr Justice Paul Coffey said it was a case with complex issues of causation and he was satisfied with the settlement.