Kerry man with locked-in syndrome sues in High Court

High Court reporters

A Kerry man who is paralysed from the neck down and has severe locked-in syndrome after a stroke has launched a High Court action over a brain scan carried out at University Hospital Kerry.

Christopher O’Driscoll, who cannot speak, is tetraplegic and has to use a wheelchair, joined the proceedings in the Four Courts by video link from the nursing home where he now resides.

Christopher O’Driscoll (39) from Camp, Co Kerry has sued Global Diagnostics (Ireland) Ltd, trading as Medica, with offices at Rockfield Medical Campus, Balally, Dublin, which at the time operated the radiology services at University Hospital Kerry and provides radiology services to hospitals and private clinics.

It was claimed that there was an alleged failure to diagnose Mr O’Driscoll’s stroke after his collapse at home and after he was rushed to hospital for a CT scan.

The action is also against the HSE.

The HSE is only in the proceedings where it was alleged by the O'Driscoll side that it was allegedly responsible in law for alleged acts or alleged omissions on the part of Global Diagnostics Ireland.

All of the claims are denied in the proceedings.

Ms Justice Leonie Reynolds on Wednesday sent the case back to the mediation table after the action had been adjourned several times over two days this week to facilitate talks between the parties.

Mr O’Driscoll’s counsel, Liam Reidy SC, instructed by Cantillons Solicitors, told the court that mediation had not been successful last week. The sides indicated they were open to further mediation on Thursday morning.

Ms Justice Reynolds said there had already been two days of costs, and she shared the frustration of Mr O’Driscoll in relation to the lack of progress. She encouraged both sides to see if they could resolve or narrow some or all of the issues. The court will be updated on the matter on Thursday afternoon.

Construction worker, Mr O’Driscoll, it was claimed in court papers, had been at home in Camp, Co Kerry, on New Year’s Day 2023 when he suffered an apparent seizure. An ambulance was called and he was taken to hospital, suffering a second seizure on the journey.

Mr O’Driscoll, it was claimed, was intubated on arrival, and a CT brain and intracranial angiogram scan was later performed.

He was on January 3rd transferred to another hospital where an MRI was performed. It was noted on January 5th that Mr O’Driscoll, in retrospect, had a sudden stroke and that he had severe locked-in syndrome.

In the proceedings, it was claimed that the CT angiogram report of the scan carried out at University Hospital Kerry on January 1st, 2023, allegedly incorrectly stated that the main artery at the back of the brain was open with no sign of blockage.

It was further claimed that Mr O'Driscoll had been allegedly denied treatment with thrombolysis, and there was an alleged failure to prevent the progression of his neurological deficit as a result of which he has locked-in syndrome.

Global Diagnostics Ireland Ltd, in its defence, claimed that his stroke was of such severity that timely treatment by way of intravenous thrombolysis would not have altered the prognosis or lessened his disabilities

It denied that it caused a progression of Mr O'Driscoll's neurological deficit as a result of which he has locked-in syndrome.

The trial of the action, if it proceeds, has been scheduled for six weeks.