Man who had brain bleed days after hospital discharge settles High Court case for €1 million
High Court Reporter
A man who collapsed with a brain bleed three days after attending an emergency department complaining of headaches has settled a High Court action for €1 million.
The settlement to Declan Cully, the High Court heard, reflects just one-third liability against Tallaght University Hospital.
Declan Cully had gone to the Tallaght University Hospital emergency department on August 8th, 2020, with a severe headache and complaining of a ten-day history of headaches.
His counsel Dr John O’Mahony SC, instructed by McGuigan solicitors, told the High Court it was their case that there was an alleged cursory examination of Mr Cully at the hospital emergency department and he was discharged, but he collapsed at home three days later.
Counsel said Mr Cully suffered a very bad bleed in the brain, and it was his side’s contention that a CT brain scan should have been carried out on the August 8th visit to the hospital emergency department.
Dr O’Mahony said a scan may have shown traces of blood cell breakdown and he could have had a lumbar puncture and been transferred to another hospital for treatment.
Counsel for Tallaght University Hospital, Declan Buckley SC, told the court that liability was hotly contested in the case and the big issue was the contention by the Cully side that the CT scan imaging should have been performed during the emergency department visit.
Counsel said it was the hospital’s case that had a CT brain scan been performed on the August 8th visit to the emergency department, it would not have shown a brain bleed and could have been falsely reassuring.
The hospital contended that it was unlikely Mr Cully suffered a brain bleed before August 11th, when he collapsed at home.
The settlement against the hospital, which was reached after mediation, reflects a division of liability of two-thirds against the Cully side and one-third against the hospital.
Declan Cully (55) of Tallaght, Dublin, had through his wife, Barbara Cully, sued Tallaght University Hospital.
In the proceedings, it was claimed that there was an alleged failure to take any or any reasonable or appropriate care of Mr Cully when he attended the emergency department of Tallaght University Hospital on August 8th, 2020.
It was further claimed there was an alleged failure to properly examine, investigate and treat Mr Cully in a timely manner.
It was also claimed there was an alleged failure to give sufficient attention to Mr Cully’s presentation and complaints of changed and increased frequency, intensity, and severity of headaches. It was further contended that Mr Cully’s complaints were allegedly inappropriately and erroneously attributed to his longstanding migraine.
There was, it was claimed, an alleged failure to investigate Mr Cully’s headaches with neurological examination in a timely manner.
All of the claims were denied, and it was contended by the hospital that Mr Cully received reasonable and appropriate care when he attended the emergency department of Tallaght University Hospital on August 8th, 2020.
It was further contended that the typical features of a brain bleed were absent and that it was reasonable to attribute Mr Cully’s symptoms to a long-standing migraine history, with the symptoms complained of more in keeping with a migraine. Mr Cully, the hospital claimed, was given appropriate advice, treatment and care for the presenting complaint.
Dr O’Mahony told the court that Mr Cully, who has three children, has ongoing disabilities.
Approving the settlement, Mr Justice Paul Coffey noted the difficulties with liability in the case, and he wished Mr Cully and his family the very best for the future.
