€5.9m settlement for man who lost sight due to mistakes in medical treatment

4 January 2019

The High Court has approved a settlement of €5.9 million in the case of a man who went blind because of mistakes in his medical treatment.

Brendan Doyle, 49, had a mild disability since his birth but had lived almost independently with some supports.

However in June 2011 a shunt to drain fluid from his brain became infected and was removed at Beaumont Hospital in Dublin.

He was discharged home without the shunt being replaced.

As a result, his condition deteriorated and he lost his sight.

His lawyers told the High Court the tragic consequence of the error is that he is now totally blind. 

They said Mr Doyle had been able to cope reasonably well with his pre-existing disabilities but this was "the final straw".

He had to move out of his accommodation and live in a nursing home which he dislikes intensely, they said.

His family said that while living in the nursing home he could not receive proper rehabilitation and support and lost his independence.

They criticised what they said was a six-and-a-half year delay in the hospital admitting liability.

They said today's settlement will enable Mr Doyle to have a specially adapted home and the one-to-one support he needs.

In a statement issued after the settlement, his family said: "We and Brendan would return every cent of this settlement were it to mean that he could see again but we hope that with therapy and proper rehabilitation, Brendan will, at least, once again become an active member of his community and begin to enjoy life once more.

"We are very aggrieved that liability was admitted only in January of this year, some six-and-a-half years after the event and Brendan has consequentially wasted almost seven years of his life in a nursing home with no effective rehabilitation programme, surrounded by elderly patients and having to wait for a call bell to be answered just so he can use the bathroom."

Mr Doyle's lawyers told the court the hospital had met the case reasonably and fairly but after difficult negotiations a settlement figure had been reached in the sum of €5.9m.

The money will pay for the construction of a new home and his care needs into the future.

Mr Justice Kevin Cross approved the settlement and thanked Mr Doyle's brother, John, for the care the family had given him to date.

The judge said he was pleased that liability had been admitted and that the defendants had taken a reasonable approach to the settlement.

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...