A legal action taken by a Kerry pensioner who sued over what was claimed to be a catastrophic delay in diagnosing his spinal condition has been settled.
The case involving the 73-year-old, who is now paraplegic, has been settled in the High Court for a six-figure sum.
The HSE has agreed to fund the nursing home care of Eamon O’Sullivan from Kenmare for the rest of his life as well as other therapies he requires with almost €480,000 to be paid out in the first year.
Mr O’Sullivan will be provided with a 24-hour personal assistant under the terms of the settlement.
Mr Justice Paul Coffey was told that the pensioner, who lives in a nursing home in Kenmare, has to use a wheelchair after a delay in the treatment of a condition, Caudia equina syndrome, where nerve roots in the lumbar spine are compressed.
The HSE admitted a breach of duty for its delay in treating Mr O’Sullivan’s condition.
However, it denied he would have avoided all the physical or psychological consequences if he had undergone decompression surgery on December 31st, 2021 or any subsequent time before it actually took place, and in light of the nature, extent and other aspects of his syndrome.
Mr O’Sullivan’s barrister Oonah McCrann, instructed by Cantillon Solicitors, said University Hospital Galway had issued the family with an appropriate apology which assured them the delay had resulted in the paraplegia.
Counsel said that Mr O'Sullivan, who has a moderate learning disability, had been living in Galway at the time and his life had been turned upside down. MsMcCrann said he remained in hospital until August 2022.
Counsel said it was hoped the settlement would give Mr O'Sullivan back "some modicum of independence".
Eamon O’Sullivan’s brother Donal told the court his sibling’s independent lifestyle was taken from him.
Donal O’Sullivan said the family was happy with the settlement.
