€110,000 for widower against HSE over death of his wife

THE HUSBAND of a woman with breast cancer, who claimed her life was wrongfully cut short due to alleged failures at the Mid-Western Regional Hospital, Ennis, Co Clare, to diagnose a recurrence of her illness, has secured €110,000 in settlement of his High Court action against the Health Service Executive.

The HSE had denied the claims and the settlement was without admission of liability.

Karl Henry had sued the HSE over alleged failures at the Ennis hospital in diagnosing and treating his wife Ann Moriarty.

Ms Moriarty (54) died in April 2008. It was alleged that if properly diagnosed and treated, her life would have been prolonged and her symptoms reduced.

Mr Henry, a civil servant, Limerick Road, Ennis, Co Clare, alleged his wife’s condition should have been diagnosed in June 2007 and, had that happened, she would have benefited from chemotherapy and would have survived for longer with fewer symptoms.

On behalf of himself and their son, Ciarán, he sued the HSE for damages for personal injuries, mental distress, loss, damage and loss of dependency.

He said his wife’s death had a devastating effect on him and the consequent HSE investigation into that, with attendant media publicity, also caused significant distress.

Oonah McCrann SC, for Mr Henry, told Mr Justice John Quirke yesterday that her client was satisfied with the HSE’s settlement offer made.

In his claim, Mr Henry alleged his wife was diagnosed with breast cancer in April 2005 and that diagnosis was confirmed in May 2005 in St James’s Hospital in Dublin.

She underwent a full mastectomy the following month followed by chemotherapy and radiotherapy. She was kept under review at St James’s where she attended for six-monthly check-ups and was considered to be doing well and in remission. There was no allegation against St James’s, the court heard.

Ms Moriarty became unwell in June 2007, suffering from weight loss and nausea, it was claimed. She presented to the Ennis hospital on June 11th, was admitted and a presumptive diagnosis of a urinary tract infection was made, it was claimed. A chest X-ray was performed, reviewed on the ward and considered to be normal, it was claimed.

She was discharged home on June 15th on oral antibiotics.

It was claimed the June 11th X-ray was not reported until July 3rd, when it was reported as showing “extensive consolidation in the mid-zone of the left lung”. The X-ray was in fact suggestive of metastasis of Ms Moriarty’s breast cancer, it was claimed.

Ms Moriarty presented at the AE department of the hospital again on August 11th suffering from nausea and unable to eat or drink.

She was anorexic, weak and forgetful but, on review by medical staff, it was considered no significant abnormal symptoms were present, it was claimed. An outpatient appointment was suggested and she was discharged with a prescription for an anti-emetic.

Before that, Ms Moriarty underwent a further X-ray on August 9th at the hospital, it was claimed. She was reviewed at the outpatients department and discharged on August 13th.

The August 9th X-ray was reported on August 15th by a doctor who noted “a local bulge opacity in the left para-medisstinum” and “vague shadowing in the mid-left zone”.

It was claimed that doctor queried the nature of the mass identified and nodal involvement.

Ms Moriarty and her family were relieved when no recurrence of the cancer was diagnosed in June and August 2007 but her GP continued to have concern about her condition, it was claimed.

On August 14th, she was referred to the Galway emergency clinic where she was immediately admitted on August 15th.

Various tests and scans were carried out and on August 16th, she was informed her cancer had recurred and was at an advanced stage.

Mr Henry said he was deeply shocked and had to consider how to suggest recurrence to his wife who became very distressed.

They could not understand how recurrence was diagnosed given what had occurred at the Ennis hospital. Ms Moriarty sought review at St James’s Hospital which confirmed extensive breast cancer with liver, lung and brain involvement. Mr Henry said he was told in August 2007 his wife’s illness was terminal. She underwent radiotherapy but died in April 2008.

Mr Henry also claimed a consultant physician in Ennis hospital phoned him while his wife was critically ill and sought to emphasise Ms Moriarty was under the care of St James’s.

Much to his and his wife’s distress, she also continued to receive appointments for Ennis hospital when she was critically ill, he claimed.