Girl awarded €4.9m over delayed cancer diagnosis

Girl, who was diagnosed with rare inflammatory cancerous condition at age three, should have been diagnosed at age one, High Court heard

The girl had through her father sued the HSE. It was claimed she developed a progressive rare cancerous condition with a skin rash, failure to thrive and developmental delay in the first three years of her life.

A 12-year old girl who sued claiming there was an alleged delay in diagnosing her rare cancerous condition has settled her High Court action for €4.9m.

The young girl, who cannot be named by order of the court, has a rare condition which is treated like a cancer with chemotherapy, Mr Justice Kevin Cross was told.

Her father told the court that every day has been a challenge for the young girl and when she was very young she had to spend three weeks in hospital ICU.

Her counsel, Oisín Quinn SC instructed by Cian O’Carroll solicitors, told the court the settlement had been reached after mediation. He said if the case had gone ahead in the High Court, it would have taken six weeks.

Counsel said the girl was three years of age when the diagnosis of the rare inflammatory cancerous condition was made. 

Alleged delay in diagnosis

It was their case that there had been an alleged delay in the diagnosis of the condition and they contended the diagnosis should have been made in 2010, when she was about one year old.

Mr Quinn said the child had presented with a rash and it was considered to be eczema, which is much more common.

The girl had through her father sued the HSE. It was claimed she developed a progressive rare cancerous condition with a skin rash, failure to thrive and developmental delay in the first three years of her life.

It was claimed there was an alleged failure to diagnose or treat the girl for the rare condition until about February 2012 and a failure to diagnose or test for it earlier than that date.

It was further claimed there was an alleged failure to identify adequately or at all the significance of a rash on the child on October 29, 2010, and an alleged failure to perform a skin biopsy in respect to the rash which she was presenting with in 2010 or in 2011.

Eczema was diagnosed

Eczema was diagnosed when it was in fact a rare cancerous condition, it was claimed.

It is claimed the girl will remain immune suppressed throughout her life.

There was it was claimed an alleged failure to admit the child into hospital on December 16, 2010, and an alleged failure to rethink the diagnostic and treatment strategy at another stage.

It was further claimed there was an alleged failure to during the period from October 2010 and early February 2012 to make the correct diagnosis.

The claims were denied.

Approving the settlement Mr Justice Kevin Cross said the girl’s parents had been wonderful carers for her up to now. He congratulated the legal teams and the mediator on the settlement and said it had been one of the most complex cases he had ever encountered. 

The judge said it was a very good settlement and it would provide for the girl for the rest of her life.