A 13-year-old boy has settled a High court action for €4m after he was involved in a road accident in Co Cork five years ago.
Part of the boy's case was against the HSE as he claimed a pre-existing brain cyst was perforated and allegedly missed when he was examined in an emergency department six days after the crash.
Darragh O'Regan, who lives in the Cayman Islands, had been on holiday in Co Cork when a car driven by his father collided with another car pulling a caravan which was parked on the hard shoulder at Ballyhea, Charleville, on 7 August 2017.
Senior Counsel Liam Reidy told the court the then eight-year-old boy was brought to University Hospital Limerick but did not appear to have any injuries.
Six days later he was brought to Cork University Hospital with persistent headache and vomiting. Mr Reidy said there should have been a suspicion of an intracranial problem and the back of the boy's eye should have been examined.
Mr Reidy said the "most basic eye test" which checked cranial pressure was allegedly not carried out.
When the boy returned to the Cayman Islands, had to be transferred to a Miami hospital where he had to have three surgeries with holes and drains inserted in his skull.
The boy, through his mother Fiona O'Regan, sued his father Daniel who was the driver of the hire car which was owned by Executive Trust Ltd with offices at Northwood Business Park, Santry, Dublin. He also sued the driver of the other vehicle, and the HSE.
Mr Justice Paul Coffey was told that liability had been admitted by the drivers and the car rental company.
Against the HSE, it was claimed there was an alleged failure to properly investigate the persistence of the boy’s neurological symptoms in the days after the accident and an alleged failure to carry out the eye examination.
The HSE denied the claims and contended a cyst perforation could have happened anytime in the boy’s future and he would have had to have surgery.
Approving the settlement, Mr Justice Paul Coffey said it was a good one and he wished Darragh and his family well for the future.