Michael Boylan LLP secured €500,000 in damages for a client who suffered neurological deficits as a result of the delayed diagnosis of hydrocephalus.
Our client had been admitted to hospital with a head injury that required surgery and had been recovering. Over the course of a month his condition significantly deteriorated. He reported worsening pain, became confused, began experiencing visual hallucinations and developed swelling at the surgical site.
Two months after the deterioration began he was diagnosed with acute hydrocephalus. He was transferred to another hospital where he underwent a left ventriculoperitoneal shunt insertion. He later required a cranioplasty.
Three months later he was transferred back to the original hospital. He was physically and cognitively worse than he had been prior to the onset of hydrocephalus. Previously he had been able to transfer from lying to sitting with the assistance of one person and had independent sitting balance, walking with assistance. After the hydrocephalus episode he required two people for transfer from supine to sitting, moderate to maximum assistance of one for sitting balance, a full hoist on ward level and the assistance of two for personal care.
He was then transferred to a rehabilitation hospital where he remained for approximately four months before being discharged home. He continues to suffer from a range of neurobehavioural issues, short-term memory loss and difficulties with concentration.
It was our position that there was a breach of duty in failing to diagnose the hydrocephalus in a timely fashion and that this made a material difference to his outcome. The defendants refuted this and argued that the symptoms were due to the initial head injury and not the hydrocephalus. Liability and causation remained in issue throughout proceedings in what was a complex case. The action settled for €500,000 together with all legal costs, immediately prior to the hearing date.