Man with 'locked in' syndrome following a stroke settles case at High Court
High Court Reporters
A Kerry man who is paralysed from the neck down and has severe 'locked in' syndrome following a stroke has had his case regarding a brain scan carried out at University Hospital Kerry settled at the High Court.
Christopher O’Driscoll cannot speak and is tetraplegic. He joined the proceedings in the Four Courts by video link from the nursing home where he now resides.
Mr O’Driscoll (39) from Camp, Co Kerry, sued Global Diagnostics (Ireland) Ltd, trading as Medica, with offices at Rockfield Medical Campus, Balally, Dublin.
The company, at the time, operated the radiology services at University Hospital Kerry and provided radiology services to hospitals and private clinics.
It was claimed that there was an alleged failure to diagnose Mr O’Driscoll’s stroke after his collapse at home and when he was rushed to hospital, where he had a CT scan.
The action was also against the HSE.
The HSE is only in the proceedings where it was alleged by the O'Driscoll side that it was responsible in law for alleged acts or omissions on the part of Global Diagnostics Ireland.
All of the claims are denied in the proceedings.
Ms Justice Leonie Reynolds sent the case back to the mediation table after the action had been adjourned several times over two days this week to facilitate talks between the parties.
At the High Court on Thursday, Mr O’Driscoll’s counsel, Liam Reidy SC, instructed by Cantillons Solicitors, told the court that the case had settled, that all matters were resolved and that the agreement was an "absolutely" confidential one.
On Wednesday, Ms Justice Reynolds said there had already been two days of costs incurred in the case and said she shared the frustration of Mr O’Driscoll in relation to the lack of progress.
When informed of the case's resolution, she commended all parties for putting their "best foot forward" in what would have been a "lengthy and complex case".
Ms Justice Reynolds also thanked Mr O'Driscoll for his patience and said she knew that "at times you [Mr O'Driscoll] found the whole process frustrating".
Construction worker Mr O’Driscoll, it was claimed in court papers, had been at home in Camp on New Year’s Day 2023 when he suffered an apparent seizure. An ambulance was called and he was taken to hospital, suffering a second seizure on the journey.
Mr O’Driscoll, it was claimed, was intubated on arrival and a CT brain and intracranial angiogram scan was later performed. On January 3rd, 2023, Mr O'Driscoll was transferred to another hospital where an MRI was performed.
It was noted on January 5th 2023, that, in retrospect, Mr O’Driscoll had suffered a sudden stroke and that he had severe 'locked-in' syndrome.
It was claimed the CT angiogram report of the scan carried out at University Hospital Kerry on January 1st, 2023, allegedly incorrectly stated that the main artery at the back of the brain was open with no sign of blockage.
It was further claimed that Mr O'Driscoll had been allegedly denied treatment with thrombolysis - a treatment to dissolve blood clots - and there was an alleged failure to prevent the progression of his neurological deficit, as a result of which he has locked-in syndrome.
In its defence, Global Diagnostics Ireland Ltd claimed that Mr O'Driscoll's stroke was of such severity that timely treatment by way of intravenous thrombolysis would not have altered the prognosis or lessened his disabilities.
It had denied it caused a progression of Mr O'Driscoll’s neurological deficit as a result of which he has 'locked in' syndrome.
The trial of the action had been set down for six weeks. On Thursday, Ms Justice Reynolds approved the confidential settlement and adjourned the matter to December 18th.
