THE FAMILY of a 25-year-old woman who died as a result of cancer have secured €250,000 in settlement of their High Court action over an alleged failure to inform her of an earlier diagnosis of malignant melanoma.
Noel Delaney (37), a factory operative of Fr Byrne Park, Graiguecullen, Carlow, had brought the case for alleged wrongful death of his wife, Mary, against the HSE and David McAvinchey, a surgeon practising at St Joseph's General Hospital in Nenagh, Co Tipperary.
Liability was not admitted but the HSE expressed its deep regret to Mr Delaney concerning the circumstances which gave rise to the proceedings.
David Kennedy SC, for Mr Delaney, said there had been an offer of €250,000 in the case and this was approved yesterday by Mr Justice John Quirke who expressed sympathy with the family over the "dreadful tragedy".
Mr Kennedy said Mary Delaney had a lump on the side of her neck and had attended St Joseph's Hospital, Nenagh, on October 6th, 2000. A skin lesion below her right ear was excised under local anaesthetic. She was tested for malignant melanoma and was not informed of the result of the test which, his side contended, required urgent attention.
Counsel also said Ms Delaney should have been advised not to get pregnant but had not been warned her immune system would be lowered if she did get pregnant, as had occurred.
In the action, it was claimed Ms Delaney had attended St Luke's Hospital, Kilkenny, in October 2001 and was referred to a consultant with a lump. A malignant melanoma was subsequently confirmed and she was treated over the following year. A scan in February 2004 showed the cancer had recurred in her right lung, pelvis, under her left arm and in her brain and Ms Delaney died on September 4th 2004.
It was alleged neither the plaintiff nor her GP had been informed of the results of the tests conducted at St Joseph's Hospital. It was also claimed Ms Delaney had not been recalled to hospital for a check-up and to inform her of her condition. Damages were sought for her alleged wrongful death.
Mr Justice Quirke approved the settlement in terms of €50,000 each for her two sons, aged seven and eight, for their benefit on reaching the age of 18.
The judge also directed Ms Delaney's parents be given €1,500 each and the deceased's three sisters €1,000 each, with the remaining sum going to the deceased's husband.
In a statement outside court afterwards through his solicitor, Noel Delaney said he hoped that, by bringing the case, systems would be put in place to make sure that what he went through would not be repeated.