The High Court has approved a settlement of €300,000 in the case of a nine-year old girl whose hearing loss was not detected for over three years.
Shirley Collins, from Ballina in Co Mayo, had her first hearing test when she was just over a year old.
However, her mild to moderate hearing loss was not diagnosed until she was tested again at the age of four.
The court heard the girl was one of a number of children identified in a review of audiology services in the West between 2011 and 2015.
The HSE 'look back' examined more than 900 cases and found 49 children had been affected.
Thirteen were identified as having hearing loss when retested. The HSE later apologised for failures identified in the service in Mayo and Roscommon.
In her High Court action against the HSE, it was claimed there were a number of failures in her early audiological management.
Senior counsel Hugh O Keeffe said it was their case that the delayed diagnosis may have affected her speech and language.
The court heard the girl tested for hearing as part of a developmental health check at nine months old, but she failed it and was referred to the audiology service at Mayo University Hospital.
An assessment took place on 19 June 2014 at the hospital when she was over a year old and a diagnosis of normal hearing was made.
It was contended there were a number of alleged failures in that assessment, including that no pure tone testing of any kind was attempted.
She was recalled for a further test in 2017 when she was four years old and a hearing loss of mild to moderate severity was diagnosed.
Her lawyers argued that had her hearing loss been identified at the age of one, she would have had a comprehensive audiological management plan in place including liaison with speech and language services.
Her hearing improved after she had grommets inserted in 2018. The HSE admitted a breach of duty in the case in relation to the delay in diagnosis, but denied all other claims.
Approving the settlement, Mr Justice Paul Coffey said it was a fair and reasonable settlement and he wished the girl and her family all the best for the future.
Following the settlement, the family's solicitor, Ciaran Tansey, said the Collins family were "delighted that today’s outcome will allow Shirley to undergo the panoply of treatments she needs".
