Alleged misdiagnosis case settled for €1.9m

A WOMAN, who as a teenager claims she was misdiagnosed with cancer and endured highly toxic chemotherapy treatment, has settled a High Court action for €1.9m.

Aoife O’Donovan was only 17 years of age when she received the lymphoma cancer diagnosis after she was admitted to the Bon Secours Hospital, Cork, with abdominal pain.

Her counsel, Dr John O’Mahony SC, with Cian O’Mahony BL, told the High Court that the girl’s condition was investigated and it was their case that she was misdiagnosed with the T-cell lymphoma in October 2005, when in fact she had a benign self-limiting condition called Kikuchis Disease.

Dr O’Mahony said the two diagnoses were at “opposite ends of the spectrum” and this was a very sad and upsetting case.

It is claimed that Ms O’Donovan was subjected to severe, multiple, and unnecessary tests, scans, x-rays, biopsies, and treatment including chemotherapy, and was subjected to considerable anxiety, upset, distress, and inconvenience.

She was advised in December 2006 that she, in fact, never had the cancer, but instead had an unrelated virus.

She had six courses of chemotherapy treatment between November 2005 and April 2006.

In all, she spent seven months in hospital.

At one stage of treatment, she had to take 32 tablets a day.

Counsel said Ms O’Donovan could not sit her Leaving Cert, and her career prospects were compromised.

Counsel said Aoife O’Donovan, from Airport Rd, Cork city, was given a very toxic type of chemotherapy to treat the lymphoma.

He added that vast consequences flowed from it for her, including developing and requiring radiotherapy treatment for acute lymphoblastic leukaemia.

Ms O’Donovan, who is now aged 35, yesterday settled a High Court action against consultant histopathologist Eoin O’Murchu, who practices at the Bon Secours Hospital, Cork city.

The settlement is without an admission of liability, but an apology from Mr O’Murchu was read to the court.

In the apology, Mr O’Murchu conveyed his “sincere and heartfelt apologies” over Ms O’Donovan’s pathology diagnosis on October 28, 2005.

It added: 

“I regret the significant injuries that you have suffered and the distress caused over many years. I offer my deepest sympathy to you.”

In the proceedings, it was claimed that Mr O’Murchu failed to have any regard to the fact that the histological features are typical of Kikuchis Disease, which — it was claimed — ought to have been made by Mr O’Murchu himself or by referral to an appropriate expert pathologist. As a result of the alleged error in diagnosis, it was claimed that Ms O’Donovan was subjected to a multitude of tests, scans, x-rays, and biopsies, and had a portacath fitted to her chest for chemotherapy.

The claims were denied.

Ms O’Donovan was discharged from the hospital after a few weeks, but returned on a twice-monthly basis for further chemotherapy.

She also endured bone marrow biopsies and other tests until December 19, 2006. It was at this time that she was told she never had T-cell lymphoma, but had an unrelated virus which did not require the treatment.

Noting the settlement, Mr Justice Paul Coffey said it was a very sad case and he told Ms O’Donovan — who was in court with her family — that he was delighted that the matter had been resolved.