Teenager who sued over a delay in hearing loss diagnosis settles action for €500,000

High Court Reporter

A teenager whose hearing loss was not properly diagnosed until he was seven years old has settled a High Court action for €500,000.

The settlement of Sean Munnelly’s case against the HSE came after several days of hearing in the High Court.

The boy’s counsel, Hugh O’Keeffe SC, instructed by Ciaran Tansey solicitor, told Ms Justice Denise Brett that as a result of communication from the other side, an offer had been made which had been approved.

Sean Munnelly (17) of Blanchardstown, Dublin, had, through his mother Patricia Sweeney, sued the HSE.

The case had been before the court for assessment of damages only and was expected to last a number of weeks.

In the proceedings, it was claimed that the boy likely had hearing loss present at birth.

He had frequent ear infections as a young child, and his parents expressed concern regarding his hearing on a number of occasions.

However, his right-sided hearing loss, it was claimed, was not properly diagnosed when he was seven years of age, and he only received management for this hearing loss when he was eight years old.

The boy’s hearing was only tested formally in September 2011 when he was four years of age. It was contended that the 2011 test incorrectly concluded that the boy’s hearing was normal in both ears. This, it said, directly led to further delay in audiological management for the boy.

In September 2014, the boy was referred to a privately funded audiological practice, and his hearing loss was correctly identified. It is claimed that it took another ten months before the boy received management for his hearing loss at HSE West.

It was claimed there was a failure to deliver to the boy the standard of care which he was legitimately and reasonably entitled to expect in the circumstances.

It was further claimed there was a failure to exercise reasonable and ordinary care and skill in about the examination, investigation, assessment, diagnosis and audiological management of the boy.

There was also, it was claimed, a failure to perform adequate audiological assessment in a timely manner and provide neonatal hearing screening.

He had been caused to require a private audiology assessment before his hearing loss was finally diagnosed in September 2014.

At the ruling of the HSE offer, Mr Justice Paul Coffey said, considering the litigation risk in the case, the €500,000 offer should be accepted.