A paralysed Kerry man with locked-in syndrome of extreme severity following a stroke has brought a High Court case against a brain scan performed at University Hospital Kerry. Tetraplegic Christopher O’Driscoll, who is unable to speak, brought the proceedings at the Four Courts by video link from the nursing home where he currently resides.
Christopher O’Driscoll, 39, of Camp, Co Kerry, has brought a case against Global Diagnostics (Ireland) Ltd, operating as Medica, with premises at Rockfield Medical Campus, Balally, Dublin, which then provided the radiology facilities at University Hospital Kerry and offers radiology services to hospitals and private clinics.
It was alleged that there was a failure to diagnose Mr O’Driscoll’s stroke following his collapse at home and when he was taken into hospital, where he underwent a CT scan. The action is also against the HSE. The HSE is only involved in the proceedings where it was averred by the O’Driscoll side that it was purportedly liable in law for purported acts or purported omissions on the part of Global Diagnostics Ireland. All the allegations are denied in the proceedings.
Mediation
Ms Justice Leonie Reynolds on Wednesday referred the case back to the mediation bench after the action had been postponed a number of times over two days this week to enable negotiations between the parties. The counsel for Mr O’Driscoll, Liam Reidy SC, who is instructed by Cantillons Solicitors, informed the court that mediation was unsuccessful last week. The parties said they were willing to engage in further mediation on Thursday morning.
Ms Justice Reynolds added that already there had been two days of costs, and she empathised with the frustration of Mr O’Driscoll when it came to the lack of progress being made. She invited both parties to try and resolve or narrow some or all of the issues. The court will be spoken to about the matter on Thursday afternoon.
Claims of Christopher O’Driscoll
Construction worker Mr O’Driscoll, it was alleged in court documents, had been at home in Camp, Co Kerry, on New Year’s Day 2023 when he experienced what appeared to be a seizure. A call was made to an ambulance, and he was brought to the hospital, having a second seizure en route.
Mr O’Driscoll, it was alleged, was intubated when he arrived, and subsequently, a CT brain and intracranial angiogram scan was carried out. He was taken to another hospital on January 3, where an MRI scan was carried out. It was observed on January 5 that Mr O’Driscoll retrospectively had a sudden stroke and that he had extreme locked-in syndrome.
During the proceedings, it was alleged that the CT angiogram report on the scan performed at University Hospital Kerry on January 1, 2023, reportedly said the principal artery at the rear of the brain was open with no indication of blockage. It was also alleged that Christopher was refused thrombolysis treatment, and there was an alleged failure to prevent worsening of Christopher’s neurological deficit due to which he has lock-in syndrome.
Global Diagnostics Ireland Ltd, in defending the action, asserted that Christopher’s stroke was of such a nature that early treatment by means of intravenous thrombolysis would not have changed the prognosis or reduced his disability. It asserted it did not cause a deterioration of Christopher’s neurological deficit, resulting in him suffering from locked-in syndrome. The trial of the action, assuming it proceeds, has been fixed for six weeks.
Author: Sarah
