Family of woman (26) who died of cancer secures €600,000 settlement

The family of a young woman who died of breast cancer has secured €600,000 under a settlement of its High Court action against the Health Service Executive (HSE) over her care when she first presented at Ennis Hospital with a lump on her breast.

The HSE had admitted breach of duty in the case of Edel Kelly but causation was an issue.

Ms Kelly was a 26-year-old mother of two sons aged six and three years when she died of breast cancer on June 21st 2008. It is claimed the lump she presented with in August 2006 at the Mid Western Regional Hospital, Ennis, was breast cancer and was the same cancer subsequently diagnosed in October 2007 at another hospital.

Senior counsel Oonagh McCrann told the High Court on Tuesday the family’s case was there was a delay of 13 months in the diagnosis of her breast cancer and a subsequent delay in treatment.

Outside court the family’s solicitor Patrick Moylan said the family are thankful the legal process has ended.

“It does nothing to relieve the loss of Edel but at least now they can look forward and remember Edel for who she was rather than in the context of the legal proceedings,” he said.

Ms Kelly’s partner Noel McGreene, Cluain na Mara, Carrigaholt Road, Kilkee, had sued the HSE over the care she had received at the Ennis hospital.

Ms Kelly was referred by her GP on July 26th, 2006 to a breast clinic at the hospital. She was sent for an ultrasound and irregular soft tissue about 2cm wide was identified in her left breast.

In October she had a biopsy but it showed the tissue was benign. On October 23rd 2007 she attended the breast clinic at the hospital and a 6cm mass was found in her left breast and a biopsy showed the presence of cancer. Palliative chemotherapy was advised.

In November 2007, a specialist advised she had 10 to 12 months to live.

It was claimed there was failure to take any or any adequate precautions for the welfare of Ms Kelly while she was a patient at the hospital and to assess adequately or act upon the results of the bilateral breast ultrasound taken in September 2006.

It was also claimed there was failure to recognise Ms Kelly’s condition in a timely fashion or at all in the period between her referral in July 2006 and the diagnosis in or about the month of October 2007.

The HSE admitted breach of duty in the case but causation was at issue in the action.

Approving the settlement Mr Justice Kevin Cross sympathised with Mr McGreene and Ms Kelly’s parents John and Una Kelly, from Kilrush, who were in court.

Apology

Ms Kelly’s case came to public attention shortly after her death in 2008. The Health Information and Quality Authority was ordered to carry out an inquiry into services at Ennis Hospital following the misdiagnosis of Ms Kelly and another woman, the late Ann Moriarty (53).

Ms Kelly’s family received an apology from then minister for Health Minister Mary Harney in September 2008.

The Hiqa report published in April 2009 found the range of services then being provided at Ennis hospital were unsustainable and unsafe. It recommended acute, complex and specialist services should be discontinued.

“Continuing these acute services, including acute and complex surgery, cancer surgery, level 2/3 critical care and 24-hour emergency department services, in their current structure, exposes patients to potential harm,” it said.