A Kerry man who is paralysed from the neck down and suffers severe locked-in syndrome following a stroke has launched a High Court action over a brain scan performed at University Hospital Kerry.
Christopher O’Driscoll, who cannot speak, is tetraplegic and uses a wheelchair, joined the proceedings in the Four Courts via video link from the nursing home where he now resides, reports Breaking News.
Christopher O’Driscoll (39) from Camp, Co Kerry has sued Global Diagnostics (Ireland) Ltd, trading as Medica, which at the time operated radiology services at University Hospital Kerry and also provides services to other hospitals and private clinics.
The action is also directed against the HSE, reports Breaking News.
It was alleged that there was a failure to diagnose Mr O’Driscoll’s stroke after his collapse at home and subsequent CT scan at the hospital.
The HSE is only involved in the proceedings where it was alleged that it bore legal responsibility for acts or omissions by Global Diagnostics Ireland, reports Breaking News.
All claims are denied in the proceedings.
Ms Justice Leonie Reynolds on Wednesday sent the case back to mediation after the action had been adjourned several times over two days to facilitate talks between the parties, reports Breaking News.
Mr O’Driscoll’s counsel, Liam Reidy SC, instructed by Cantillons Solicitors, told the court that mediation had been unsuccessful last week. The parties indicated they were open to further talks on Thursday morning.
Ms Justice Reynolds noted there had already been two days of costs and shared Mr O’Driscoll’s frustration with the lack of progress. She encouraged both sides to try to resolve or narrow some or all issues, reports Breaking News.
Construction worker Mr O’Driscoll, it was claimed in court papers, suffered an apparent seizure at home in Camp, Co Kerry, on New Year’s Day 2023. An ambulance was called, and he experienced a second seizure during transport.
Mr O’Driscoll was intubated on arrival, and a CT brain and intracranial angiogram scan were performed later, reports Breaking News.
He was transferred on January 3rd to another hospital for an MRI, and on January 5th it was noted retrospectively that he had suffered a sudden stroke and developed severe locked-in syndrome.
It was claimed that the CT angiogram report from University Hospital Kerry on January 1st, 2023, allegedly incorrectly stated that the main artery at the back of the brain was open with no sign of blockage, reports Breaking News.
It was further alleged that Mr O’Driscoll was denied thrombolysis treatment and that there was a failure to prevent progression of his neurological deficit, resulting in locked-in syndrome.
Global Diagnostics Ireland Ltd, in its defence, stated that the stroke was so severe that timely intravenous thrombolysis would not have altered the prognosis or reduced disabilities, reports Breaking News.
The company denied causing the progression of Mr O’Driscoll’s neurological deficit that resulted in locked-in syndrome.
If the case proceeds to trial, it has been scheduled for six weeks, reports Breaking News.
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