Man left blind and unable to walk settles case against hospital for €25m

11 January 2022

A man who ended up blind and unable to walk after he went to Cork University Hospital with a brain shunt problem as a teenager has settled a High Court action for €25 million.

Conor McCormack’s counsel told the High Court that nothing was done in the hospital for three weeks and, as a result, the teenager suffered a devastating brain injury that left him blind.

Liam Reidy SC, instructed by Ernest Cantillon solicitors, said Mr McCormack’s mother, Sandra McCormack, was “dancing up and down” looking for help.

Ms McCormack told Mr Justice Paul Coffey how her pleas for help in the hospital went unanswered after her son, who had a brain shunt, was brought to Cork University Hospital after collapsing at his home in Douglas, Co Cork, in October 2014.

“Our lives were shattered after the events of 2014. Conor was in so much pain and it was so devastating to watch him lose his sight, hearing and mobility,” she said.

The award is bittersweet, but it will allow the family to give Mr McCormack, now aged 23, the life he deserves, she told the judge.

“He has experienced so much pain and loss in his young life, but he just accepts it… We are in awe of him,” she said.

Mr Reidy told the court that the problem with the brain shunt remained undiagnosed and a diagnosis of abdominal issues was made. The McCormacks had been told of the warning signs and symptoms in relation to shunt blockage when their son had to have a shunt inserted in his skull when he was one year old, he said.

Mr Reidy said his treatment in the hospital was “nothing short of appalling.”

Counsel said Mr McCormack remained without consultant cover for three weeks despite the pleas of his mother.

Seizure
He said the HSE had, in November this year, in a limited admission accepted the management of Mr McCormack when he was admitted to the hospital in 2014 fell below the acceptable standards of care.

Mr McCormack, of Frankfield, Douglas, Cork, had through his mother Sandra McCormack sued the HSE over the care and treatment he received at Cork University Hospital.

On October 7th, 2014, Mr McCormack had a seizure at home and was admitted to Cork University Hospital. A CT scan showed the shunt tubing had disconnected and did not extend through the skull.

Among the claims was an alleged failure to act promptly to warning signs and symptoms of intracranial pressure, while an alleged failure to carry out surgery to correct the shunt caused over and above brain damage in the form of cortical blindness consistent with an acquired brain injury.

The standard of care he received from the HSE in Cork University Hospital at that time fell below the acceptable standard and he sustained irreversible over and above damage, it was alleged.

There was also an alleged failure for three weeks to appreciate that a constellation of symptoms including rising blood pressure, increasing headache, drowsiness and seizure-like episodes were consistent with raised intracranial pressure due to shunt failure, it was claimed.

Approving the settlement Mr Justice Paul Coffey conveyed his best wishes to Mr McCormack “and his remarkable parents.”

https://www.irishtimes.com/news/crime-and-law/courts/high-court/man-left-blind-and-unable-to-walk-settles-case-against-hospital-for-25m-1.4739750

Follow us for the latest updates & news

Recent News

Autistic cinema manager wins €12k over discrimination in roster row

An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant's wife gave evidence...

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...

Psychological Injury

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject...

Public Authorities and Negligence

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil...

Duty of Care (Part 2)

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence....