HSE in €600,000 settlement with family after breast cancer death
Edel Kelly ‘suffered a delay of 13 months’
THE family of a young mother who died of breast cancer has settled for €600,00 against the HSE over her care when she first attended hospital with a lump on her breast.
Edel Kelly (26) had two young sons, aged six and three, when she died of breast cancer on June 21, 2008.
It is claimed the lump she presented with in August 2006 at the Mid Western Regional Hospital in Ennis, Co Clare, was breast cancer.
It was also claimed it was the same cancer which was subsequently diagnosed in October
2007 at another hospital.
Senior Counsel Oonah McCrann told the High Court it was the case of Edel’s family that there was a delay of 13 months in the diagnosis of her breast cancer and a subsequent delay in treatment.
Outside court, the family solicitor, Patrick Moylan, said Edel’s family are thankful the legal process has now ended.
“It does nothing to relieve the loss of Edel, but at least now they can look forward and remember Edel for who she was rather than in the context of the legal proceedings,” he said.
Her long-term partner Noel McGreene, Cluain na Mara, Carrigaholt Road, Kilkee, Co Clare, had sued the HSE over the care Edel had received at the Ennis hospital.
Ms Kelly was referred by her GP on July 26, 2006, to a breast clinic at the Ennis hospital.
She was sent for an ultrasound and irregular soft tissue about two centimetres wide was identified in her left breast.
In the October of that year she had a biopsy but it showed the tissue was benign.
On October 23, 2007 she attended the breast clinic at the Mid Western Regional Hospital in Limerick and a six centimetre mass was found in her left breast.
A biopsy showed the presence of cancer. Palliative chemotherapy was advised.
In November 2007, a specialist said she had 10 to 12 months to live at best.
It was claimed there was an alleged failure to take any adequate precautions for her welfare while she was a patient at the Mid Western Regional Hospital in Ennis.
There was also an alleged failure to assess adequately or act upon the results of the bilateral breast ultrasound taken of the deceased in September 2006.
It was claimed that a failure to recognise her condition in a timely fashion or at all in the period between her referral in July 2006 and the diagnosis in or about the month of October 2007.
The HSE admitted breach of duty in the case, but the court heard that causation was at issue in the action.
Approving the settlement, Mr Justice Kevin Cross sympathised with Mr McGreene and Edel’s parents, John and Una Kelly from Kilrush, who were in court for the hearing.
‘Edel’s family can now look forward and remember her for who she was’