A woman whose hearing loss was not diagnosed until she was 10 years old has settled a High Court action against the Health Service Executive (HSE) for €900,000.
Caitlin Murray (19), who suffers from disabilities including global developmental delay and poor eyesight, was left unsupported and struggling to hear for most of her junior school years, it was claimed before the High Court. In order to hear, she needed the speaker to face her and speak loudly.
Aidan Doyle SC, appearing with Doireann O’Mahony BL, instructed by Kieran Higgins of McCullagh Higgins & Co LLP solicitors in Dungarvan, Co Waterford, for Ms Murray, on Wednesday told the court that her hearing loss was “missed repeatedly” until she was 10.
Counsel said Ms Murray’s parents became suspicious she had hearing problems when she was two years old. He said that over a number of years the child was brought on six or seven occasions to audiological services attached to University Hospital Waterford, but her hearing loss was not diagnosed until 2015.
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Counsel said when Ms Murray was diagnosed at age 10 and got hearing aids, there was a “remarkable transformation” in her.
Ms Murray, from Dungarvan, Co Waterford, had through her father Aidan Murray sued the HSE, the operator of the Waterford Community Audiology Centre at the Hearing Centre at University Hospital Waterford, over the delay in diagnosing her hearing loss.
A breach of duty was admitted in the case but causation remained an issue.
In the proceedings, it was claimed there were missed opportunities to identify the child’s hearing loss at assessment in 2007, 2008, 2010 and 2011.
It was further claimed there was a failure to identify hearing loss and refer her onwards arising from legitimate concerns about hearing loss.
It was also contended that false reassurances had been given to the parents about their daughter’s hearing loss, and there had been a significant delay in its diagnosis and management.
Approving the settlement, Mr Justice Paul Coffey said it was a very unfortunate case where something that should have been recognised earlier was not for eight years. He said the settlement was fair and reasonable.
