Settlement of€7.5m for boy over alleged delay in diagnosing brain tumour

A boy who sued a hospital over an alleged delay in diagnosing and treating a brain tumour has settled his High Court action for €7.5 million.

The settlement, against Children’s Health Ireland, administrator of the Children’s University Hospital Temple Street, Dublin, was made without an admission of liability.

The boy, by court order, cannot be identified.

Dr John O’Mahony SC, with Cian O’Mahony BL, for the now 11-year-old boy, said their case was there were “three missed opportunities” to diagnose the brain tumour after the boy was brought to the hospital in 2012, when he was a toddler, with left side problems.

The tumour was growing and an MRI scan in March 2013 showed a significantly big tumour on his brain, counsel said.

The boy had to have emergency surgery and chemotherapy and now has left-side weakness and some sight deficiencies.

In his action, brought through his father, it was claimed, when aged two, he was brought to a doctor with a weakness of his left upper and lower limbs. He was referred to the Temple Street hospital and attended there on July 31st, 2012.

It was claimed the parents brought up their concerns about their son and that he frequently suffered falls and it was decided to review the boy in a year.

It was claimed he was referred to the hospital again in January 2013 and the parents raised concerns about reduced movements on his left side.

An MRI scan was planned in the months that followed.

On March 8th, 2013, the boy was drooling from his mouth and dragging his left foot, it was claimed. His parents brought him back to the hospital and were advised the MRI scan was scheduled for May.

Three days later, the parents rang the hospital about their son’s condition and were told to return immediately. The MRI scan was carried out on March 14th, 2013 and showed he had a brain tumour.

Two surgeries were carried out and he also had chemotherapy.

It was claimed there was failure, when the child was brought to the hospital on July 31st, 2012 to carry out adequate assessment and perform a full neurological examination . It was further claimed the parents were advised the boy’s problems with dragging his left foot was due to leg length inequality.

It was also claimed there was failure to arrange for an MRI scan in July 2012 and the boy suffered a loss of chance of having surgery at a time when it was allegedly likely the outcome would have been more favourable to him.

The claims were denied and counsel said the defence contended it was a slow-growing tumour and, if there was delay, it would not have made a great difference as the child would still have had to have surgery .

Dr O’Mahony said the boy is a happy boy who is adored by his parents and smothered with love.

Approving the settlement, Mr Justice Kevin Cross said it was a very good one and wished the boy and his family all the best.