A Kerry man who is paralysed from the neck down and has severe locked-in syndrome after a stroke has launched a High Court action over a brain scan carried out at University Hospital Kerry.
Christopher O’Driscoll, who cannot speak, is tetraplegic and has to use a wheelchair, joined the proceedings in the Four Courts by video link from the nursing home where he now resides.
Mr O’Driscoll (39) from Camp, Co Kerry, has sued Global Diagnostics (Ireland) Ltd, trading as Medica, with offices at Rockfield Medical Campus, Balally, Dublin, which at the time operated the radiology services at University Hospital Kerry and provides radiology services to hospitals and private clinics.
It was claimed there was an alleged failure to diagnose Mr O’Driscoll’s stroke after his collapse at home and when he was rushed to hospital, where he had a CT scan.
RM Block
The action is also against the HSE. The HSE is involved in the proceedings only where it was alleged by the O’Driscoll side that it was allegedly responsible in law for alleged acts or omissions on the part of Global Diagnostics Ireland.
All of the claims are denied in the proceedings.
Ms Justice Leonie Reynolds on Wednesday sent the case back to the mediation table after the action had been adjourned several times over two days this week to facilitate talks between the parties.
Mr O’Driscoll’s counsel Liam Reidy SC, instructed by Cantillons Solicitors, told the court mediation had not been successful last week. The sides indicated they were open to further mediation on Thursday morning.
Ms Justice Reynolds said there had already been two days of costs and she shared the frustration of Mr O’Driscoll in relation to the lack of progress. She encouraged both sides to try to resolve or narrow some or all of the issues. The court will be updated on the matter on Thursday afternoon.
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Mr O’Driscoll, a construction worker, had been at home in Camp, Co Kerry, on New Year’s Day when he suffered an apparent seizure, according to court papers. An ambulance was called and he was taken to hospital, suffering a second seizure on the journey.
Mr O’Driscoll, it was claimed, was intubated on arrival and a CT brain and intracranial angiogram scan was later performed. On January 3rd he was transferred to another hospital where an MRI was performed. It was noted on January 5th that Mr O’Driscoll in retrospect had a sudden stroke and that he had severe locked-in syndrome.
In the proceedings, it was claimed the CT angiogram report of the scan carried out at University Hospital Kerry on January 1st, 2023, allegedly incorrectly stated the main artery at the back of the brain was open with no sign of blockage.
It was further claimed Mr O’Driscoll had been allegedly denied treatment with thrombolysis and there was an alleged failure to prevent the progression of his neurological deficit as a result of which he has locked in syndrome.
Global Diagnostics Ireland Ltd, in its defence, claimed Mr O’Driscoll’s stroke was of such severity that timely treatment by way of intravenous thrombolysis would not have altered the prognosis or lessened his disabilities.
It denied it caused a progression of Mr O’Driscoll’s neurological deficit as a result of which he has locked-in syndrome.
