€1m added to man’s €2.5m settlement over tumour

A 30-year-old man who was severely disabled after an alleged delay in diagnosing his brain tumour and a subsequent decision to operate instead of chemotherapy treatment yesterday accepted a further payout of €1m towards his care for the next five years.

This is on top of a settlement of €2.5m approved by the High Court three years ago for Seamus Walshe Jr, of Taylor’s Hill, Galway City.

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

It was claimed that, as a result of the initial delay in diagnosis at University College Hospital, Galway, Mr Walshe Jr’s tumour grew and spread to surrounding tissue and he continued to suffer pain and discomfort.

If scans has been done, it was claimed, he would have been referred to Beaumont Hospital much sooner. As a result of a decision for surgery at Beaumont Hospital instead of chemotherapy and radiotherapy treatment, it was alleged Mr Walshe Jr suffered substantial complications and ended up in intensive care for nine weeks.

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

Mr Walshe Jr had sued, through his father Seamus Walshe Sr, the HSE and Beaumont Hospital for damages arising out of the alleged failure at Galway to diagnose at the earliest opportunity that he had a germ cell tumour in his brain and the subsequent decision at Beaumont Hospital for surgery rather than chemotherapy or radiotherapy treatment.

The €2.5m settlement at the High Court was without admission of liability. In court yesterday Mr Justice Kevin Cross approved a further payment of €1m for his care for five years.

Eoin McCullough said his client must use a wheelchair and needs 24-hour care.