A family who alleged their mother was wrongly diagnosed at two hospitals in the Midlands as suffering from depression when she had cancer have secured €65,000, plus costs, in a settlement of their High Court action arising from her death.
Esther Galvin (65), Horseleap, Moate, Co Westmeath, a mother of 10 children, with 23 grandchildren and four great grandchildren, died in early August 2006 almost nine months after being diagnosed with lung cancer.
In their action, her family claimed Mrs Galvin's death was caused by the HSE's negligence and sought damages, including for mental distress. It was alleged the HSE had both delayed and failed to properly diagnose Mrs Galvin as having cancer.
It was claimed the HSE failed to carry out a proper medical examination of Mrs Galvin, failed to ensure she received timely treatment for her condition and failed to take any adequate care for her health and safety.
The HSE had denied the claims and the settlement was made without admission of liability.
Declan Buckley SC, for the HSE, informed Mr Justice John Quirke yesterday the case had been settled and the family were to receive €65,000 plus costs. The settlement was approved "without hesitation" by Mr Justice Quirke, who offered his sympathies to the family.
Earlier, Edward Walsh SC, for the family, said it was their case the late Mrs Galvin was diagnosed with depression, reflected mainly through anorexia, after she presented to Tullamore Hospital in July 2005 with a poor appetite and difficulty swallowing.
Later that month, Mrs Galvin was referred to and admitted to Portlaoise Hospital with marked weight loss, loss of appetite and difficulty in swallowing and was again diagnosed as suffering from depression, counsel said.
It was the family's claim Mrs Galvin did not receive a thorough clinical physical examination at either hospital.
Counsel said Mrs Galvin was re admitted to Tullamore Hospital in November 2005, by which time she had lost five stone in weight. It was claimed she was then given a clinical examination and diagnosed with lung cancer the following December after which she underwent chemotherapy.
It was alleged, due to the delay in diagnosing her condition, her ability to tolerate that chemotherapy treatment was compromised and she died of an infection on August 3rd, 2006.
In a statement afterwards, Mrs Galvin's family welcomed what they described as the end of their long search for answers about the events leading up to her death.