Courts

Woman (18) settles case for €150,000 against HSE over alleged delay of hearing loss diagnosis

The HSE denied all the claims and contended the girl’s hearing was normal in both ears

The judge in the case said he had no hesitation in approving the settlement. Photograph: iStock

Sat Oct 29 2022 - 10:38

A young woman who sued claiming there was an alleged delay in the diagnosis and management of her alleged hearing loss has settled her High Court action for €150,000.

Meabh Middleton (18) was first referred for a hearing test when she was over six years of age, the High Court was told.

Her counsel Hugh O’Keeffe SC, instructed by solicitor Ciaran Tansey, told the court that in 2010 Ms Middleton was referred to the HSE audiology clinic in Castlebar, Co Mayo, and between 2010 and 2014 her hearing tests came back as normal.

He said a difference between her two ears was recorded in 2013 but it was put down to wax in the left ear.

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Counsel said that in 2017 tests showed mild hearing loss in the left ear. Mr O’Keeffe said the HSE contends the hearing was normal in both ears.

He said an expert on Ms Middleton’s side would say there was hearing loss, and he pointed out she was given a hearing aid in 2018. He said the dispute between the sides was whether there was a hearing loss and the extent of the alleged loss.

Counsel said it was their case that Maebh would have benefited from a hearing aid earlier.

Ms Middleton, from Claremorris, Co Mayo, had through her mother, Maura Middleton, sued the HSE.

There was an alleged failure to carry out appropriate audiological testing and an alleged failure to perform a proper and thorough audiological assessment of Ms Middleton on various dates between November 2010 and 2014.

It was further claimed there was an excessive and avoidable delay in the diagnosis and management of her alleged hearing loss.

She was allegedly deprived of the opportunity of significantly earlier management of her alleged hearing impairment during the optimum time period for language acquisition.

All the claims were denied, and the HSE contended the hearing was normal on both sides.

Mr Justice Paul Coffey said he had no hesitation in approving the settlement.

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