Man left disabled by brain tumour accepts €1m further payment

Alleged delay in diagnosis and subsequent decision to operate led to claim against HSE

A man left severely disabled after an alleged delay in diagnosing his brain tumour, and a subsequent decision to operate instead of chemotherapy treatment, has accepted a further payment of €1 million towards his care for the next five years.

The €1 million sum is additional to a settlement of €2.5 million approved by the High Court three years ago for Séamus Walshe Jnr from Taylors Hall, Galway. The settlement was made without admission of liability.

Mr Walshe was a third-level student of construction studies six years ago when he first complained of problems with his eyes, including his upward gaze, as well as nausea and vomiting.

It was claimed, as a result of an initial delay in diagnosis at University College Hospital, Galway, his tumour grew and spread to surrounding tissue and he continued to suffer pain and discomfort.

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If scans has been done, it was claimed, he would have been referred to Beaumont Hosptial much sooner.

Radiotherapy treatment

It was also claimed that, as a result of a decision on surgery at Beaumont Hospital instead of chemoterherapy and radiotherapy treatment, Mr Walshe suffered substantial complications and ended up in intensive care for nine weeks.

It was further claimed there was failure to have regard to the fact the tumour involved was of a type which responds well to radiotherapy and chemotherapy, even when it has spread, with long term survival rates of up to 90 per cent.

Mr Walshe had, through his father Séamus Walshe Snr, sued the HSE and Beaumont Hospital, Dublin.

The claim arose from the alleged failure at the Galway hospital to diagnose at the earliest opportunity he had a germ cell tumour in his brain and the subsequent decision at Beaumont Hospital on surgery rather than chemotherapy or radiotherapy treatment.

Mr Justice Kevin Cross yesterday approved a further payment of €1 million towards Mr Walshe’s care for the next five years.

Eoin McCullough SC, for Mr Walshe, said his client needs 24-hour care.