A man who collapsed with a brain bleed three days after attending a hospital emergency department complaining of headaches has settled a High Court action for €1 million.
The settlement to Declan Cully, the High Court heard, reflects one-third liability against Tallaght University Hospital in Dublin.
Mr Cully had gone to the hospital’s emergency department on August 8th, 2020, with a severe headache and complaining of a 10-day history of headaches.
Senior counsel John O’Mahony, for Mr Cully, and instructed by McGuigan solicitors, told the High Court it was their case that there was an alleged cursory examination of Mr Cully at the hospital and he was discharged, but he collapsed at home three days later.
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He said Mr Cully suffered a very bad bleed in the brain and it was his side’s contention that a scan should have been carried out on the August 8th visit to the hospital.
Mr O’Mahony said a scan may have shown traces of blood-cell breakdown, adding he could have had a lumbar puncture and been transferred to another hospital for treatment.
Senior counsel Declan Buckley, for Tallaght University Hospital, told the court liability was hotly contested in the case. He said the big issue was the contention by the Cully side that the scan imaging should have been performed during the emergency department visit.
Counsel said it was the hospital’s case that had a brain scan been performed on the August 8th visit, it would not have shown a brain bleed and could have been falsely reassuring. The hospital contended that it was unlikely Mr Cully suffered a brain bleed before August 11th, when he collapsed at home.
The settlement against the hospital, which was reached after mediation, reflects a division of liability of two thirds against the Cully side and one third against the hospital.
Mr Cully (55) of Tallaght, Dublin had sued Tallaght University Hospital through his wife Barbara Cully.
In the proceedings, it was claimed there was an alleged failure to take any reasonable or appropriate care of Mr Cully when he attended Tallaght University Hospital on August 8th, 2020.
It was further claimed there was an alleged failure to properly examine, investigate and treat Mr Cully in a timely manner.
It was also claimed there was an alleged failure to give sufficient attention to Mr Cully’s presentation and complaints of changed and increased frequency, intensity and severity of headaches. It was alleged that Mr Cully’s complaints were inappropriately and erroneously attributed to his long-standing migraine.
There was an alleged failure to investigate his headaches with neurological examination in a timely manner, it was claimed.
All of the claims were denied and it was contended by the hospital that Mr Cully received reasonable and appropriate care when he attended.
It was further contended that the typical features of a brain bleed were absent, and that it was reasonable to attribute Mr Cully’s symptoms to a long-standing migraine history. Mr Cully was given appropriate advice, treatment and care for the presenting complaint, the hospital claimed.
Mr O’Mahony told the court that Mr Cully, who has three children, has ongoing disabilities.
Approving the settlement, Mr Justice Paul Coffey noted the difficulties with liability on the case. He wished Mr Cully and his family the best for the future.
