Children who sued over delay in hearing loss diagnosis settle for €420,000

Both were assessed as having normal hearing at a young age, but were later found to have hearing loss

One child was without a correct hearing aid from 2013 to 2017. File picture

Two young people who had sued over a delay in diagnosing and treating their hearing loss have settled their High Court actions against the HSE for a total of €420,000.

Mr Justice Tony O’Connor was told the cases relate to shortcomings in the past in the audiological treatment in the Roscommon/Westmeath area and liability was admitted by the HSE in both cases.

The 11-year-old girl and a 16-year-old boy who live in the Co Roscommon region had sued the HSE, the operator of the Paediatric Community Audiology Service at Roscommon Primary Care Centre, Golf Links, Roscommon, and Paediatric Community Audiology Service at Primary Care Centre, Clonbrusk, Athlone, Co Westmeath, claiming a missed diagnosis of hearing loss and a delay in the treatment of hearing loss.

11-year-old girl's case

Aongus O’Brolchain SC, instructed by Dolores Gacquin solicitor, told the court in the first case there was a settlement of €280,000 for the 11-year-old girl who was without a correct hearing aid for her right ear for four years after she was assessed as having normal hearing in an audiology test when she was just under one year old.

Counsel said four years later in April 2017 it was found the child had a moderate to severe difficulty with her right ear. Counsel said this was four years after the initial assessment and she was without a correct hearing aid from 2013 to 2017. 

He said she should have had the hearing aid during the formative years, and it affected her speech and it has caused a lot of problems for her.

In her proceedings, the girl had claimed that when she was assessed when she was under one year old, diagnostic audiological assessments that were not fit for purpose were used, and there was a failure on that occasion to carry out a test that met adequate standards for diagnostic audiological assessment despite clear evidence that the child had failed a distraction test a month earlier.

It was claimed if her hearing loss had been identified in the 2013 test, she could have received right-sided amplification a full four years earlier than she did.

16-year-old boy's case

In the next case a now 16-year-old boy settled his action for €140,000.

The boy, when he was six years old in February 2014, had a hearing test and he was assessed as having normal hearing. It was claimed that as a result of the flawed and incorrect finding the boy was discharged from the service without providing any treatment.

Three years later he was assessed again and a mild to moderate hearing loss in his left ear was identified. It was a congenital hearing loss and required the fitting of a hearing aid.

It was claimed if the hearing loss had been identified when he was first tested in 2014, the boy would have had a more optimal listening environment at a critical time for the development of listening, speech and language skills.

Mr Justice O’Connor approved both settlements.