Girl who sued over alleged delay in hearing loss diagnosis settles legal action

High Court Reporters

A nine-year-old girl whose hearing loss diagnosis was allegedly delayed by a number of years has settled her High Court action for €135,000.

Emily McDonald, her Counsel Hugh O’Keeffe SC told the court she was not diagnosed with a hearing loss until she was over three years of age and recalled for audiological assessment as part of the HSE Look Back Review.

Counsel instructed by Ciaran Tansey solicitor told the court it was their case that there was an alleged delay of between two and three years in the young girl’s hearing loss diagnosis.

Emily McDonald, Hawthorn Drive, Roscommon town had through her mother Edel McDonald sued the HSE.

It was claimed there were a number of alleged failures in the girl’s audiological management, Her hearing was found to be normal at birth, but she failed a distraction test at 10 months. Her hearing it was claimed was tested a few months later and reported to be normal.

Distraction test

The failed distraction test it was claimed should have raised a suspicion regarding the possibility of temporary or permanent hearing loss. It was claimed that the audiological test was allegedly not carried out in a sound proofed room.

Emily, who was one of twins was a year old it was claimed at the time of testing in 2014 and visual reinforcement should have been attempted with a recall if there were any concerns.

Her mother it was claimed had raised concerns regarding the possibility of glue early in early 2015 but audiological assessment did not take place until May 2017, which identified bilateral conductive hearing loss.

The child had been recalled for audiological assessment as part of the HSE Look Back Review in 2017

A further hearing test in February 2018 identified the hearing loss, and she received grommets a week later.

It was claimed there was an alleged failure to provide adequate or consistent auditory input during the child’s optimal time for development before May 2017 when a hearing loss was diagnosed.

It was further claimed there was an alleged avoidable delay in the management of her hearing loss, and she had been allegedly deprived of the opportunity of significantly earlier management of her hearing loss.

The claims were denied.

Approving the settlement Mr Justice Paul Coffey said it was fair and reasonable.