€110k settlement in cancer diagnosis case

THE husband of a woman who claimed her life was wrongfully cut short due to alleged failures at the Mid-Western General Hospital to diagnose a recurrence of her cancer has secured €110,000 in a settlement of his High Court action against the Health Service Executive.

€110k settlement in cancer diagnosis case

Karl Henry had sued the HSE over alleged failures at the Ennis hospital in diagnosing and treating his wife, Anne Moriarty, for breast cancer.

Ms Moriarty died in April 2008 and it was alleged, if properly diagnosed and treated, her life would have been prolonged and her symptoms reduced.

Mr Henry, of Westfields, Limerick Road, Ennis, Co Clare, alleged his wife’s condition should have been diagnosed in June 2007 and, had that happened, she would have benefited from chemotherapy and would have survived for longer with fewer symptoms.

On behalf of himself and the couple’s son, Ciaran, he sued the HSE for damages for personal injuries, mental distress, loss, damage and loss of dependency.

He said his wife’s death had a devastating effect on him and the consequent HSE investigation into that, with attendant media publicity, also caused significant distress.

Yesterday, Oonah McCrann, counsel for Mr Henry, told Mr Justice John Quirke that Mr Henry was satisfied with the settlement offer made by the HSE.

The HSE had denied the claims and the settlement was without admission of liability.

Ms McCrann said it was alleged negligence and breach of duty at the Ennis Hospital had resulted in a delayed diagnosis of the recurrence of Ms Moriarty’s cancer and to her life being wrongfully cut short.

In his claim, Mr Henry alleged his wife was diagnosed with breast cancer in April 2005 and that diagnosis was confirmed in May 2005 in St James’s Hospital in Dublin. There was no allegation against St James’s, the court heard.

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