Kerry pensioner left paraplegic settles action against HSE over delay in diagnosis

It was claimed that despite Eamon O’Sullivan’s presenting symptoms, he was not triaged as a priority patient and was not assessed by a doctor for over 14 hours

Donal O'Sullivan at the Four Courts for the settlement of the High Court action against the HSE taken on behalf of his brother, Eamon, who is currently in a Kerry nursing home. Picture: IrishPhotoDesk.ie

A Kerry pensioner who sued over what was claimed was a catastrophic delay in the diagnosis of his spinal nerve condition, and who is now paraplegic, has settled a High Court action for a significant six-figure sum.

As part of the settlement for Eamon O’Sullivan (73) the HSE has agreed to fund his nursing home care for the rest of his life and other therapies he requires with €479,000 to be paid out in the first year. Mr O’Sullivan is also be provided with a 24-hour personal assistant under the settlement of the action.

Mr Justice Paul Coffey was told Mr O’Sullivan from Kenmare, Co Kerry, now has to use a wheelchair and lives in a nursing home near his ancestral home after a delay in the treatment of the condition known as Cauda equina syndrome (CES) where nerve roots in the lumbar spine are compressed.

Mr O’Sullivan’s counsel, Oonah McCrann instructed by Cantillons Solicitors, told the court it was their case that Mr O’Sullivan had been rendered paraplegic and there had been a delay in diagnosis when there were “red flag symptoms.” She said if they had been managed in a timely fashion, it would have led to surgery, and the pensioner would have avoided paraplegia.

The court heard that while breach of duty was admitted in the case by the HSE, causation remained an issue which was a source of distress for the O’Sullivan family as the hospital involved, University Hospital Galway, had issued the family with an “an appropriate apology which assured them the delay resulted in the paraplegia”. 

The HSE admitted a breach of duty for its delay in treating Mr O’Sullivan’s cauda equina syndrome. However, it denied that he would have avoided all of the physical or psychological sequalae if he had undergone decompression surgery on the morning of December 31, 2021, or any subsequent time before it actually took place and in light of the nature, extent, effect and duration of his CES.

Ms McCrann told the court that while breach of duty was admitted in the case by the HSE, causation remained an issue which was a source of distress for the O’Sullivan family as the hospital involved, University Hospital Galway, had issued the family with an “an appropriate apology which assured them the delay resulted in the paraplegia”. 

Counsel said Mr O’Sullivan, who has a moderate learning disability, had been living in Galway at the time and his life had been turned upside down. She said he remained in hospital until August 2022. Counsel said it was hoped that the settlement would now give Mr O’Sullivan back “some modicum of independence.” 

His brother Donal O’Sullivan told the court that Eamon’s independent lifestyle was taken from him, and the family were happy with the settlement which included enhanced care supports.

Eamon O'Sullivan who now resides at a nursing home in Kenmare, Co Kerry, had through his brother Donal O’Sullivan of Ballincollig, Co Cork, sued the HSE.

Mr O’Sullivan had been at home in Kenmare for a visit in December 2021 and on his return to Galway he complained of lower back pain. A day later it was noted he was unable to stand or weight-bear and he was brought to the A&E at University Hospital Galway on December 30, 2021.

Eamon O’Sullivan's claims

It was claimed that despite Mr O’Sullivan’s presenting symptoms, his history of back pain, decreased mobility and other symptoms, and a request from his GP for an urgent hospital assessment to rule out CES, it was claimed he was not triaged as a priority patient and was not assessed by a doctor for over 14 hours.

It was claimed that after 10pm on January 2, 2022, Mr O’Sullivan was unable to move his lower limbs and an MRI was recommended to rule out CES. An MRI of the spine took place on January 3 which showed the CES and he had compression surgery that evening, but he did not recover movement in his lower limbs.

In the proceedings, it was claimed there was an alleged failure to flag Mr O’Sullivan as a priority case at triage when he presented at the hospital on December 30, 2021, and an alleged unacceptable delay in his assessment.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he wished Eamon and his family well for the future.