Man with cancer settles case over scan without admission of liability

HSE denies all claims in case and contends it was not negligent or in breach of duty

Ben McGuire, of Strawhall, Fermoy, Co. Cork, pictured leaving the Four Courts on Friday after he settled his High Court action for damages. Photograph: Collins Courts

Ben McGuire, of Strawhall, Fermoy, Co. Cork, pictured leaving the Four Courts on Friday after he settled his High Court action for damages. Photograph: Collins Courts

 

A man in his thirties with pancreatic cancer, who sued over alleged failure at Cork University Hospital to detect a tumour during a CT scan 14 months ago, has settled his High Court action against the HSE without admission of liability.

Ben McGuire claimed his scan taken in November 2017 was reported as normal but that, three months later, he had another CT scan in Lithuania which revealed a tumour.

When the case came before the High Court on Friday, Mr Justice Kevin Cross was told the case against the HSE had been settled without admission of liability.

Mr Justice Cross congratulated both sides on the settlement of what he described as a “difficult” case.

Mr McGuire, The Loft, Strawhall, Fermoy, Co Cork, had claimed that upon admission to CUH on November 2nd, 2017 he had a CT scan of his kidneys, bladder and pancreas.

The scan was reported as normal and Mr McGuire was discharged from hospital.

It was claimed his abdominal pain persisted and in February 2018, he sought another CT scan in a Lithuanian hospital which reported a pancreatic tumour.

He alleged failure to diagnose his pancreatic cancer, which he contended was visible in the November 2017 CT scan.

He alleged failure to treat his pancreatic tumour at a stage before it became further enlarged.

It was claimed he was denied the opportunity of receiving treatment in respect of the pancreatic tumour before it became metastatic.

On return from Lithuania, he attended at the Mercy University Hospital where it is alleged the findings of the clinic in Lithuania were confirmed. He then began chemotherapy treatment which is ongoing.

The HSE denied all the claims and contended it was not negligent, in breach of duty or in breach of statutory duty.

It further pleaded, while a non-contrast CT scan was taken, that is not a recognised method for diagnosing pancreatic cancer. The tumour was subtle and difficult to differentiate from the pancreas, it was also pleaded.

Neither were there ancillary signs associated with a pancreatic tumour, the HSE further pleaded.