High Court proceedings were yesterday instituted against the Health Service Executive (HSE) for damages concerning the fatal misdiagnosis of Kilrush cancer victim Edel Kelly (26).
Solicitor for the Kelly family Eugene O’Kelly confirmed the legal papers have been issued in the name of Ms Kelly’s partner, Noel McGreene, on behalf of their two children, now aged eight and five.
Ms Kelly died in June 2008 after the failure by Ennis General Hospital to diagnose her with breast cancer in 2006.
The HSE has apologised for the misdiagnosis, Mr O’Kelly said. “Unfortunately, the matter has gone no further and the HSE hasn’t made any other recognition of the regret expressed.” It was disappointing the HSE has not sought to redress the misdiagnosis from a financial point of view, he added.
“The children were three and five at the time of Edel’s death and they were denied the opportunity of the enjoyment and society of their mother and in the years to come, they will come to resent that opportunity being denied.”