A High Court action concerning an alleged seven-year delay in the diagnosis of cancer has been settled for €1.55 million.
Martin Kerrigan Solicitor represented Gino Appezzato in the proceedings. The High Court heard that Mr Appezzato first attended St Luke’s General Hospital in Kilkenny in 2009 after experiencing lower back pain.
It was alleged in the proceedings that a scan carried out in October 2009 identified a small mass located between the aorta and inferior vena cava but that it was incorrectly identified as a lymph node and was not appropriately followed up.
Counsel for Mr Appezzato told the court it was their case that, had the findings been properly investigated at the time, the cancer would have been diagnosed earlier and appropriate treatment could have been commenced at a significantly earlier stage.
The court heard that Mr Appezzato subsequently attended both St Luke’s Hospital and University Hospital Waterford for review over a number of years and was reassured there was no reason for concern.
It was further alleged that the situation was allowed to continue without appropriate intervention until a CT scan carried out in January 2016 identified a substantially larger abdominal mass.
Counsel for Mr Appezzato told the court that the tumour had grown significantly during the intervening years and that the delayed diagnosis resulted in the need for highly aggressive treatment causing permanent and life-changing injuries.
During the proceedings, letters of apology were read to the High Court on behalf of the HSE and St Luke’s General Hospital, Kilkenny acknowledging failings in care.
Delayed diagnosis and cancer misdiagnosis claims can involve complex medical and legal issues, often requiring detailed review of medical records together with independent expert medical evidence.
Kerrigan Solicitors advises clients throughout Galway and Ireland in relation to delayed diagnosis claims, cancer misdiagnosis claims, medical negligence litigation, and serious injury matters.
Source: Irish Examiner