Late Diagnosis Breast Cancer Compensation Action Settled with HSE for €600k

A €600,00 late diagnosis compensation settlement has been awarded to the family of a 26-year-old woman who died of breast cancer in theit High Court action against the Health Service Executive in relation to the care she received when she first attended the Mid Western Regional Hospital in Ennis with a lump on her breast.

The woman, Edel Kelly, had two young sons age six and three years of age when she died after suffering from breast cancer on June 21, 2008.

It is alleged that the lump she presented with in August 2006 at the Mid Western Regional Hospital, Ennis, Co Clare the same cancer which was subsequently diagnosed in October 2007 at a different hospital.

Legal Counsel for the family Oonah McCrann SC told the High Court today that there was an unnecessary delay of 13 months in the diagnosis of the young mother’s breast cancer and a resulting delay to her treatment.

The legal action was taken by Edel’s long-term partner Noel McGreene, Cluain na Mara, Carrigaholt Road, Kilkee, Co Clare, against HSE in relation to the care Edel had received at the Ennis hospital. She (Edel) was referred by her GP on July 26, 2006 to a breast clinic at the Mid Western Regional Hospital, Ennis after finding a lump on her breast.

Ms Kelly was taken for an ultrasound and irregular soft tissue about 2cm wide was identified in her left breast. In October she had a biopsy but it indicated that the tissue was benign. 12 months later on October 23, 2007 she attended the breast clinic at the Mid-Western Regional Hospital in Limerick and and a 6cm mass was found in her left breast. A subsequent a biopsy indicated the presence of cancer. In November 2007, a specialist advised the young mother that she had ten months to a year to twelve months to live at best.

Breach of duty was accepted by the HSE in the case but the court heard that causation was at issue in the action.

Mr Justice Kevin Cross approved the late diagnosis compensation settlement.