A family whose life was turned “upside down” following the alleged late diagnosis of their son´s brain tumour have heard a settlement of compensation for delayed brain tumour diagnosis approved in the High Court.
Seamus Walshe Jnr (27) of Taylor´s Hill, Galway, was a twenty-one year old third-level construction studies student when he started experiencing problems with his eyes whenever he looked upwards. His symptoms deteriorated throughout 2006 to include feeling nauseous and vomiting whenever he tilted his head backwards but, when Seamus attended the Galway University Hospital with his symptoms, he was told that there was no problem after a neurological examination.
Seamus´ condition deteriorated and, as the tumour in his brain spread into surrounding tissues, he returned to Galway University Hospital, where a brain scan revealed a tumour. Seamus was referred to the Beaumont Hospital in Dublin, where he underwent surgery in May 2007, but due to the nature of the growth, there were complications during the operation and Seamus was in intensive care for nine weeks due to serious haemorrhaging.
Six months later Seamus was transferred back to Galway University Hospital and then entered the National Rehabilitation Centre in Dún Laoghaire in September 2008 – by which time he was confined to wheelchair and suffered severe spasticity of the limbs.
Through his father – Seamus Walshe Snr – Seamus made a claim against the Galway University Hospital for compensation for the delayed brain tumour diagnosis, claiming that had the brain scans been carried out when he first attended the hospital, he would have been referred to the Beaumont Hospital much sooner.
Seamus´ claim also included the Beaumont Hospital on the grounds that the Dublin hospital had performed surgery rather than treat the tumour with radiotherapy and chemotherapy even though history showed the latter treatment had long-term survival rates of up to 90 percent.
At the High Court, Ms Justice Mary Irvine heard that a settlement of compensation for the delayed brain tumour diagnosis amounting to 2.5 million Euros had been agreed without admission of liability to account for Seamus´ care for the next three years. Thereafter, periodic payments would provide for Seamus´ care should legislation enabling a structured payment system be introduced in time.
Ms Justice Mary Irvine approved the settlement, but stated there was no guarantee that legislation allowing the payment of periodic payments would be introduced within three years as there has been a “deathly silence” on the matter from the Government.