HSE: We’re sorry for missing cancer
The apology was read out in the High Court as part of Olive Fahey’s settlement of her aggravated damages action as a result of the misdiagnosis after she was referred to Barrington’s Hospital, Limerick.
On three occasions between Sept 2005 and Mar 2007 she was told she did not have breast cancer.
A grade-three infiltrating invasive cancer was finally discovered in 2007 in a case which sparked off a review of the breast cancer services at the Limerick hospital.
Mrs Fahey, of Rahinch, Littleton, Thurles, Co Tipperary, had to have a mastectomy and undergo 30 sessions of radiotherapy and chemotherapy when her cancer was finally diagnosed correctly.
She had sued Barrington’s Hospital, Limerick, where she went for treatment after she found a lump on her breast; the HSE; Barrington’s surgeon Paul O’Byrne; and consultant radiologist at Barrington’s, Alex Stafford.
Mr Justice Ryan was told on the first day of the hearing there was an admission of liability on behalf of all defendants in relation to the injuries caused to Mrs Fahey but not in relation to the aggravated damages claim.
In court yesterday after several hours of negotiation, a settlement was announced by Patrick Hanratty SC and the case was struck out.
On behalf of the defendants, he said he wanted to acknowledge the very difficult time Mrs Fahey has been through due to the delay in the diagnosis of her cancer. He said the defendants regretted what had happened.
On behalf of the HSE, specifically, he said it wanted to apologise to Mrs Fahey and wished to acknowledge the significant contribution she has made to breast cancer services in Ireland. He said the HSE and the other defendants wished her the very best in the future.
The judge said he hoped the apology meant something to Mrs Fahey and he appreciated everything she had been through. He said it was a very satisfactory situation to have reached a settlement.
The case sparked two investigations: an inquiry ordered by then health minister Mary Harney into the breast cancer services at Barrington’s and an investigation into the care of Mrs Fahey, whose tissue samples had been sent to the pathology department at University College Hospital, Galway.
The report into Barrington’s concluded there was a significant and avoidable delay in diagnosing Mrs Fahey. The Galway report found there were clear signs of malignancy in the samples sent for pathology to Galway, which had come back as benign.
The High Court this week heard how Mrs Fahey was referred to Barrington’s Hospital in 2005 by her GP.
She was referred to Mr O’Byrne at Barrington’s in Sept 2005. He removed two lumps and sent them to the pathology department at the Galway hospital. The results from the pathologist said the lumps were benign.
In 2006, Mrs Fahey definitely felt something was wrong but the consultant radiologist at Barrington’s, Alex Stafford, after a mammogram, reported that the situation was unchanged.
In spring 2007 she went back to Barrington’s. Mr Stafford decided after an ultrasound scan to send Mrs Fahey back to the surgeon. Mr O’Byrne carried out a fine needle procedure and sent a sample to the pathology department in Galway, where it was concluded there was no malignancy.
Mr O’Byrne arranged to have the biopsy sent to Bon Secours Hospital, Cork, for examination which reported that it was a grade-three invasive carcinoma.
