Cork man with cerebral palsy settles High Court action against the HSE

High Court Reporters

A 24- year old man with cerebral palsy whose hearing loss was not diagnosed until he was six years old has settled a High Court action for €400,000.

Jack Ryan from East Cork, the High Court heard was not diagnosed with hearing loss and fitted with hearing aids until he was around six years of age.

His Counsel Alan Keating SC instructed by Cian O’Carroll solicitors told the court it was their case there was a failure to identify high frequency hearing loss in early life . Jack, he said had cerebral palsy and was clearly going to be at high risk of developing hearing loss.

Jack Ryan of Killeagh, Co Cork had through his father Mark Ryan sued the HSE.

Jack was one of a number of children identified in a 2009 HSE review of audiological services in the Munster region.

A serious incident was declared arising from shortcomings in assessments provided by one audiological scientist at the time but who has not practised in the service since 2007.

In the proceedings, it was claimed there was an alleged failure to advise an audiological or specialist review in a timely manner and an alleged failure to detect the boy’s hearing loss and impairment in a reasonable time.

It was further claimed there was an alleged failure to perform hearing screening in a timely manner or at all and an alleged failure to advise or provide appropriate medical treatment for the boy’s hearing impairment in a timely or reasonable manner.

Counsel said a breach of duty was admitted in the case for the period between year one and year six.

The boy had been seen by the Southern Health Board Audiology Service in March 2002 where normal hearing was recorded with a date to come back for further testing. He was seen by the same audiologist about twenty months later it is claimed but the boy kept pulling off the headphones and a test could not be carried out.

In 2006 a high frequency hearing loss to both ears was identified and it was particularly severe on the right ear. He was later referred by a GP to a specialist for further testing and in October 2006 a high frequency hearing loss was confirmed.

Counsel said an expert on Jack’s side would say delayed diagnosis and delayed intervention can lead to communication and language difficulties and it would not have been severe for Jack if is treated appropriately.

An expert on the HSE side contended the child would because of his underlying condition probably would have same early language delay and he had caught up.

Approving the settlement Mr Justice Paul Coffey said he was satisfied the settlement was fair and reasonable. He wished Jack the best for the future.