An action alleging a surgical procedure to remove veins from a boy's abdomen was carried out because of an alleged misdiagnosis at Crumlin Children's Hospital in Dublin has been settled on undisclosed terms.
Jake Callaghan (18), Greenfort Gardens, Clondalkin, Dublin, claimed a misdiagnosis of distended abdominal veins as varicocoele was a serious and unacceptable error which was not realised until May 5th, 2010, when he, then aged 13, was already under anaesthesia and amid surgical exploration.
The hospital accepted liability but disputed claims his situation is materially worse as a result of the surgery.
Following a five-day hearing, Mr Justice Michael Hanna was told the matter had settled. No details of the settlement were disclosed.
The court heard Mr Callaghan was born with a congenital heart defect which was successfully treated soon after birth.
Cardiac catheterisation
In his first year, however, he had to undergo cardiac catheterisation which it was believed resulted in a small lump on his abdomen.
When aged about 10, he was referred to Crumlin's paediatric unit and it was decided to remove the lump on the basis it was a non-essential venous bundle of material, his counsel John Healy said.
Counsel said it was in fact a bundle of collateral varicose veins that run across the central leg vein, which acts as a pathway for the drainage of blood from the right foot up to the heart.
“That surgery should never have happened,” Mr Healy said.
It was claimed that, as a result, Mr Callaghan developed larger and more distended veins from his right groin area spreading up over the right side of his abdomen and to his back than he had prior to the surgery.
The veins are often tender and painful, particularly when he tries to do any physical activity, it was claimed.
This had impacted upon his quality of life, particularly curbing his sporting activities and affecting body image, it was claimed.
Counsel said his client is also at risk of developing deep vein thrombosis and would have to be put on a blood thinning drug such as Warfarin for the rest of his life if that happened.
