Dublin’s High Court have heard the details of a claim made by a woman who underwent unnecessary surgery after doctors failed to diagnose her with breast cancer.

Eileen Fennessy, a sixty-nine year-old retiree – made the claim for medical negligence compensation after the National Breast Screening Programme, “Breast Check”, failed to see potential symptoms of cancer in a scan taken on in November 2011.

Eileen, who worked as a schoolteacher in Co. Kilkenny, was diagnosed with breast cancer nearly a year after that scan. Her GP had found a large mass on her breast, which lead to a referral to Waterford Regional Hospital. There, an ultrasound and biopsy were carried out, showing that Eileen had a Grade 2 carcinoma.

As soon as the diagnosis was made, Eileen was put on a course of chemotherapy. Regrettably, this did nothing to clear the cancer and in April 2013, Eileen’s right breast was removed. After her recovery, the retired schoolteacher sought legal counsel before proceeding to make a claim for her cancer misdiagnosis against the Health Service Executives (HSE).

In her claim, Eileen alleged that had the Breast Check programme correctly identified her breast cancer in 2011, the subsequent chemotherapy and mastectomy would not have been needed.

The case proceeded to the High Court, where Mr Justice Kevin Cross oversaw proceedings. Eileen’s barrister told the court that the original mammogram should have indicated to medical staff that Eileen required further examinations. However, the failure of the staff to notice the warning signals meant that Eileen was put in danger as the cancer worsened.

Eileen has since been declared cancer-free, though the judge was told that the underlying diagnosis is “extremely serious and devastating”. The HSE has continued to deny that they were negligent, and the case will continue in the High Court later this week.

The High Court of Dublin have approved a six-figure interim settlement of compensation for a man who is now permanently in a coma after doctors failed to diagnose sepsis.

Robert Bolton, aged seventy-one, had surgery to correct a problem in his oesophagus on the 3rd October 2011 at Dublin’s St James Hospital. Though initially deemed successful, a day after the operation James had a heart attack, which was brought on by respiratory failure due to sepsis.

After his heart attack, Robert slipped into a coma and ever since has experienced minimal consciousness, unable to communicate and unaware of those around him. As such, Robert is reliant on twenty-four hour care.

Acting on behalf of her husband, Angela made a claim for medical negligence compensation against St James Hospital for their failure to diagnose her husband’s sepsis. In her claim, Angela alleged that the hospital had failed to meet established criteria for systemic inflammatory response and sepsis. She also alleged that the hospital did not recognise her husband’s symptoms of organ failure.

St James’ Hospital denied that they had failed to diagnose Robert’s sepsis, though conceded that there had been general failings in the standard of care provided to Robert. Negotiations between the parties resulted in an interim settlement of compensation worth €550,000, which was to help provide for Robert’s care for a two-year period.

This interim settlement proceeded to the High Court for approval, as the claim for compensation had been made on the behalf of someone unable to represent themselves in court. Mr Justice Kevin Cross was presented evidence of Robert’s illness and heard testimonies from Robert’s family of the impacts his condition have had on them. After hearing from Angela of how the settlement would help ensure that Robert’s care is provided for, Judge Cross approved the settlement of compensation.