Man, 42, dies before cancer case against hospital comes to court

File photo of Connolly Hospital.

A 42-year-old man who sued claiming his throat cancer was allegedly allowed to spread unidentified and untreated died just days before his case was to come before the High Court.

John Beirne, the High Court heard today, passed away on Monday just days after the pleadings were issued in the case in which he is suing the HSE over the care he received at Connolly Hospital, Blanchardstown, Dublin.

Mr Justice Kevin Cross today gave permission for Mr Beirne’s father Michael to take over the action.

Oisin Quinn SC for Mr Beirne told the court that Mr Beirne had passed away on Monday. The pleadings in the case had been issued last Friday and Mr Beirne had been transferred to a hospice from hospital.

Counsel said the hospital had apologised to Mr Beirne. The case, he said, was in relation to an alleged failure to be recalled for further investigation.

Counsel said the HSE had been moving the case along expeditiously with mediation planned in the case for later this week or next week.

John Beirne, a groundskeeper at Carton House and of Leixlip Park, Leixlip, Co. Kildare, had sued the HSE.

On December 31, 2012, Mr Beirne was taken by ambulance to Connolly Hospital, Blanchardstown complaining of vomiting and haematemesis.

He underwent a gastroscopy and multiple biopsies were taken and they showed low grade dysplasia, He was discharged on January 2, 2013, with a plan for further assessment of the oesophagus.

On February 12, 2013, he had a further gastroscopy and more biopsies. It is claimed, as there was insufficient pathology to rule out malignancy, it was determined Mr Beirne should undergo a repeat scope or gastroscopy.

It is alleged Mr Beirne was not scheduled for and did not undergo any further investigation and in particular he did not undergo any further investigation and in particular any further gastroscopy which it was claimed had been deemed necessary.

In September 2019, following an urgent referral he was diagnosed as having oesophageal cancer.

It is claimed there was an alleged failure to take any adequate measures to protect Mr Beirne from the risk of developing the cancer and a failure to refer him for a gastroscopy.

It is further alleged that his cancer was allowed to develop and spread unidentified, unmonitored and untreated until he was diagnosed with oesophagal cancer in around September 2019 .