Fermoy man, 33, settles action over hospital’s alleged failure to pick up pancreatic tumour during CT scan

A 33-year old man with cancer who had sued claiming there was an alleged failure at Cork University Hospital to pick up on a pancreatic tumour during a CT scan fourteen months ago has settled his High Court action.

Ben McGuire claimed his scan taken in November 2017 was reported as normal but three months later he had another CT scan in Lithuania which revealed a tumour.

When the case came before the High Court today Mr Justice Kevin Cross was told the case against the HSE had been settled without admission of liability.

Ben McGuire, of Strawhall, Fermoy, Co. Cork, pictured leaving the Four Courts today after he settled his High Court action for damages. Picture: Collins Courts
Mr Justice Cross congratulated the side on the settlement of what he called a difficult case.

Ben McGuire, The Loft, Strawhall, Fermoy, Co Cork had sued the HSE.

It was claimed that upon his admission to Cork University Hospital on November 2,2017, he had a CT scan of his kidneys, bladder and pancreas. The scan was reported as normal and Mr McGuire was discharged from hospital.

His abdominal pain persisted and in February 2018, Mr McGuire sought another CT scan in a Lithuanian Hospital. This scan reported a pancreatic tumour.

It was claimed there was an alleged failure to diagnose his pancreatic cancer which he contended was visible in the November 2017 CT scan taken at Cork University Hospital.

There was it is claimed an alleged failure to treat his pancreatic tumour at a stage before it became further enlarged and he alleged he was denied the opportunity of receiving treatment in respect of the pancreatic tumour before it became metastatic.

He had claimed that on return from Lithuania,he attended at the Mercy University Hospital where it is alleged the findings of the clinic in Lithuania were confirmed. Mr McGuire then began a course of chemotherapy treatment which is ongoing.

The HSE denied all the claims and contended it was not negligent, in breach of duty or in breach of statutory duty. It further contended that while a non contrast CT scan was taken, it is not a recognised method for diagnosing pancreatic cancer.

The tumour, it said, was subtle, so dense to the pancreas and difficult to differentiate from the pancreas. Neither did it have ancillary signs associated with a pancreatic tumour, it contended.

Source: Irish Examiner
By Ann O’Loughlin