Boy (13) settles High Court action over care received at Cork University Hospital

High Court Reporters

A 13-year-old boy who sued over the care he received at Cork University Hospital and an alleged delay in the diagnosis of his hip condition has settled a High Court action for €450,000.

Rian Foley, the court heard, will not be able to join the gardaí or the Defence Forces, and loss of opportunity has been built into the settlement.

The settlement against the HSE is without an admission of liability.

His counsel, Dr John O’Mahony SC told the court it was their case that there was an alleged two-year delay in the alleged diagnosis and appropriate treatment.

Counsel said if the diagnosis had been made when the boy was a baby, he may have avoided some of the surgeries he required.

Rian Foley from Lisgoold, Co Cork, had, through his mother Sarah Foley, sued the HSE.

The court heard that the boy had a family history of hip dysplasia, which is an abnormality of the hip socket.

When he was six weeks old, the boy was referred to for an X-ray at Cork University Hospital (CUH)and had the X-ray of his pelvis with both hips on September 15th 2011.

The X-ray was reported as normal with no evidence of a developmental abnormality.

It was claimed that the reporting of the X-ray was not correct and allegedly showed changes to the right hip.

Two years later, during a routine developmental check by a HSE public health doctor, the boy was observed to be walking with his right foot turned outwards, and he was referred to another hospital where he was diagnosed with developmental hip dysplasia on the right side.

He later had to have surgery and was in a cast for 10 weeks and he also had to wear a brace.

In the proceedings it was claimed there was an alleged failure to investigate, diagnose and treat the boy’s condition in a timely fashion.

It was also claimed there was an alleged failure to follow up or to investigate whether the baby had dysplastic changes in the right hip.

There was it was claimed an alleged failure to have due regard to the clinical family history and there was an alleged delay in the diagnosis and management of the boy’s condition so that his condition allegedly seriously and irreversibly deteriorated resulting in the prognosis being far worse than if had been diagnosed and treated in a timely fashion.

All of the claims were denied.

Approving the settlement Mr Justice Paul Coffey said it was fair and reasonable and he conveyed his best wishes to Rian’s family.