An action for damages brought by a man, whose stomach was unnecessarily removed at St Vincent's hospital in Dublin after an incorrect diagnosis of stomach cancer, has been dismissed against one of the seven defendants in the case - a consultant histo-pathologist at the hospital.
The issue of which of the remaining six defendants is liable for the agreed sum of €450,000 damages to be paid to Alan O'Gorman (26), arising from the procedure carried out four years ago after a mix-up between a tissue sample from Mr O'Gorman and that of a 70- year-old cancer patient - has yet to be decided by Mr Justice Vivian Lavan.
On Tuesday, lawyers for Mr O'Gorman said the amount of damages had been agreed.
Mr O'Gorman, Fox Lodge Woods, Ratoath, Co Meath, alleged negligence in his treatment by the hospital and six other defendants, all of whom have denied liability.
The judge was told yesterday that the case against Mr Sheahan could be dismissed and he made an order to that effect. The case continues today against the other defendants.
The court has heard Mr O'Gorman collapsed at work on February 14th, 2002, and was brought by ambulance to St Vincent's. The next day he was brought to theatre where his appendix was removed. Inflammation was noted, suggestive of a perforated gastric ulcer and a tissue sample was taken and sent for analysis. It is claimed Mr O'Gorman's tissue sample was then mixed up with that of a 70-year-old man, who had cancer.
After analysis, a diagnosis of cancer was made in Mr O'Gorman's case. His stomach was removed in March 2002, but, after it was analysed and found to have no evidence of gastric cancer, the mix-up in tissue samples was discovered, the court heard.
A British-based consultant surgeon, Dr Colin Johnson, yesterday said he would have been extremely surprised to find a man of 21 diagnosed with stomach cancer. He believed Mr O'Gorman's stomach should have been examined through an endoscopy procedure to detect if the ulcer was malignant.