A man who sued the Health Service Executive (HSE) over the care he received at two hospitals after he fell while fixing a roof has settled a High Court action for €1.25 million.
It was claimed the man developed meningitis and suffered profound injuries. All the claims were denied.
The man’s senior counsel, John Finlay, instructed by Dundon Callanan solicitors, told the court it was their case that if the man, when he went to Nenagh General Hospital complaining of hurting his ribs, had received antibiotics “all of the catastrophic consequences” could have been avoided.
The man, who cannot be identified by order of the court, ended up with meningitis and suffered profound injuries as a result.
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The settlement, which counsel said was reached after mediation, was without an admission of liability. Liability was fully contested.
The man had through his wife sued the HSE over the care he received at Nenagh General Hospital, Co Tipperary, and later at University Hospital Limerick in February 2017.
It was claimed the man had undergone a horrific ordeal. He attended the Nenagh General Hospital a day after his fall and an X-ray was taken. It was claimed the man was later contacted about the alleged abnormal X-ray report which suggested a lung type injury and no rib fractures and he was advised about pain relief with a further review planned for two days later.
However, he was later found slumped over a chair at home and was brought by ambulance to University Hospital Limerick.
He suffered seizures and was transferred to the high dependency unit where the next day it was found he had a positive blood culture with streptococcus pneumonia. A lumbar puncture indicated a bacterial infection and an MRI later concluded there was evidence of cerebral vasculitis secondary to pneumococcal meningitis.
The man had prolonged treatment in hospital.
In the proceedings it was claimed that at Nenagh General Hospital there was a failure to recognise the significance of the symptoms presented to them and a failure to consider pneumonia as a possibility.
It was further claimed the man had not been recalled on receipt of the X-ray report to commence antibiotics and there had been a failure to intervene in a timely fashion with intravenous antibiotics and this allegedly had contributed to him developing meningitis.
Against University Hospital Limerick it was claimed there had been a failure to appreciate the man had developed meningitis and his seizures were due to intracranial infection and sepsis.
All the claims were denied.
Counsel told the court there was “a stark difference” between the medical evidence on both sides.
Approving the settlement, Mr Justice Paul Coffey said considering the litigation risk involved the offer was fair and reasonable.