Cork woman settles her case for €850,000 over alleged delay in hearing loss diagnosis 

It was claimed she was subjected to treatment with various hearing aid devices that had been allegedly detrimental to her ability to hear well

James and Catherine Healy with their daughter Gemma (centre) leaving the High Court on Wednesday. The court heard that Gemma’s parents were considerably concerned regarding their daughter's hearing as her mother felt she could not hear a phone held to her right ear. Photo: Gareth Chaney

A 24-year-old woman who had sued over an alleged delay in the diagnosis of her hearing loss when she was young has settled her High Court action for €850,000.

Gemma Healy from Clonakilty, Co. Cork, was brought for tests to the HSE audiological services in Cork when she was a toddler and was told the hearing was normal in both ears, the High Court heard.

Ms Healy's counsel Conor Kearney, instructed by Mark Tiernan solicitor, told the court that the diagnosis appears to have been incorrect and when Ms Healy was brought to a private audiologist when she was over four years of age, the audiologist found a significant hearing loss in her right ear and some loss in her left ear.

Counsel said it was their case that the alleged delay in the initial assessment and problems in the treatment led to significant problems with speech. He said there were complex issues in the case in the area of causation. Ms Healy, he said, is a bright young woman who does her best to get on with things.

Gemma Healy of Ballyvackey, Clonakilty, Co Cork, had through her mother Catherine Healy sued the HSE which was responsible for audiological services in Co Cork. The HSE was also the owner and operator of audiological care centres at St Finbarr’s Hospital, Cork, and on North Main Street, Cork city, where Gemma was tested.

Case timeline

When she was one-and-a-half years old Gemma was referred to St Finbarr’s Hospital for audiological examination and testing. She was tested in the hospital and at the facility at North Main Street. It is claimed that notwithstanding the purported testing of her audiological capacity the HSE allegedly failed to properly diagnose Gemma’s condition and in particular her severe impairment.

Gemma’s parents, it was claimed, were considerably concerned regarding their daughter's hearing as her mother felt she could not hear a phone held to her right ear. Follow-up private testing was arranged and the private audiologist in March 2002 identified a raised level of hearing in Gemma’s right ear.

Follow-up private testing in September and October of 2002, it was claimed, was suggestive of moderate or severe hearing loss in the right ear. Gemma was then reviewed at the HSE facility at North Main Street, Cork, in February 2003 where only a mild hearing loss in the right ear was detected. 

The child was retested by a private audiologist in October 2003 who again found moderate to severe hearing loss in her right ear.

She was referred back to North Main Street again for the fitting of a hearing aid but subsequent testing, it is claimed, confirmed Gemma had moderate and severe loss of hearing in her right ear with mild loss in her left ear.

It was claimed she was subjected to treatment with various hearing aid devices since about 2003 and that the treatment was such that it has been allegedly detrimental to the girl’s ability to hear well.

It was claimed Gemma was deprived of the benefit of earlier treatment and that the treatment provided was allegedly inappropriate. Gemma, it was contended, had been deprived of the timely and early intervention in relation to her hearing loss.

A full defence was filed in the case but Counsel told the court the settlement was reached after mediation. Approving the settlement, Mr Justice Paul Coffey said it was a case with complex issues of causation and he was satisfied with the settlement. He wished Gemma and her parents all the best.