The family of a woman who died from cancer and who claimed that she was wrongly diagnosed at two hospitals in the Midlands as suffering from depression have settled their High Court action against the HSE for €65,000.
Esther Galvin, 65, from Horseleap, Moate, Co Westmeath, a mother of ten children, grandmother of 23 and great-grandmother of four, died in early August 2006 almost nine months after she was diagnosed as having lung cancer.
In their action, the family claimed that Mrs Galvin's death was caused by the HSE's negligence.
The family, who sought damages for the mental distress that was caused by Mrs Galvin’s death, alleged that the HSE had both delayed and failed to properly diagnose her as having cancer.
They claimed the HSE failed to carry out a proper medical examination on Mrs Galvin, failed to ensure that she received timely treatment for her condition, and failed to take any adequate care for Mrs Galvin’s health and safety.
The HSE had denied the claims made against it.
The High Court was informed by Declan Buckley SC for the HSE that matter had been settled and the family were to receive €65,000 plus costs.
The settlement was approved 'without hesitation' by Mr Justice John Quirke, who offered his sympathies to the Galvin family.
Counsel for the family, Edward Walsh SC, said that it was his client's claim that the late Mrs Galvin was diagnosed with depression, reflected mainly in anorexia, after she presented to Midland Regional Hospital Tullamore in July 2005 with a poor appetite and had difficulty swallowing.
Later that month, counsel added, Mrs Galvin was referred to and admitted to Midland Regional Hospital Portlaoise with marked weight loss, loss of appetite and difficulty in swallowing.
Again, counsel said, Mrs Galvin was diagnosed as suffering from depression. It was the family's claim that Mrs Galvin did not receive a thorough clinical physical examination at either hospital.
Counsel said that Mrs Galvin was re-admitted to Tullamore Hospital in November 2005, by which time she had lost 35kg in weight.
It was claimed that on that occasion she was given a clinical examination and was subsequently diagnosed with lung cancer the following December.
The court heard that she underwent chemotherapy. However, it was alleged that due to the delay in diagnosing her condition, her ability to tolerate that treatment was compromised and she died of an infection on 3 August 2006.
Afterwards in a statement, the family welcomed what they described as the end of their long search for answers about the events leading up to their mother's death.
Clarification & Apology
RTÉ apologises for the incorrect broadcasts stating that Dr Sabina Fahy Consultant Psychiatrist was negligent in her duties towards the late Mrs Esther Galvin.
RTÉ is happy to clarify that High Court proceedings against Dr Sabina Fahy and another consultant were struck out and that no court order was made against them in the High Court.
