Family reaches €1.75m settlement against HSE and consultant over alleged delay to diagnosis

The family of a man who died of colon cancer has settled for €1.75 million a High Court action over an alleged delay in his cancer diagnosis.

Garry Buckley, a father of three from Waterfall, in Co Cork, died of colon cancer in 2008 at the age of 36.

The family claimed that because of the history of hereditary colon cancer in his family, the farmer and businessman should have been submitted for genetic testing. They contended that, had the tumour been diagnosed at an earlier stage, more effective treatment would have been given and Mr Buckley’s death could have been prevented.

All of the claims were fully denied.

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In the High Court on Friday, Mr Justice Paul Coffey was told the settlement was without any admission of liability. It was made against the Health Service Executive and a consultant at Cork University Hospital at the time, William Kirwan.

The Buckley family’s counsel, Dr John O’Mahony SC, with Tadhg Dorgan, told the court it was their case that there were “very significant and repeated delays” to diagnosis. Mr Buckley’s family history of colon cancer should have raised a flag, the court heard.

Approving the settlement, Mr Justice Coffey expressed his deepest sympathy to Deirdre Buckley and her family.

Ms Buckley, of Ravakeel, Waterfall, Co Cork had sued the HSE and Mr Kirwan, whose practice at the time was at Cork University Hospital.

With all of the claims denied, Mr Kirwan further said in his defence that he had treated Mr Buckley’s father on many occasions and had repeatedly advised that all family members should be regularly checked.

Hereditary cancer

It was claimed there was an alleged failure to diagnose the presence of hereditary colorectal cancer at as early a stage as possible and an alleged failure to carry out any adequate monitoring of Mr Buckley, considering his family history.

Mr Buckley had first attended Mr Kirwan on November 29th, 1993, complaining of irregular bowel habit. A colonoscopy was arranged and carried out at Cork University Hospital. The results were stated to be normal.

It is claimed no genetic tests were done and no further follow-up colonoscopy was undertaken until 2005.

In February 2005, Mr Buckley was referred by his GP to Mr Kirwan and another colonoscopy was carried out at CUH which was reported as normal.

In July of that year, Mr Buckley attended another consultant at the hospital. Mr Buckley was complaining of abdominal discomfort over a six-month period and he had lost a stone in weight.

A diagnosis of irritable bowel syndrome was made.

Mr Buckley was reviewed that October and reported to have responded to the medication.

A year later in 2006, Mr Buckley was allegedly noted to be continuing to suffer weight loss and abdominal pain. He was admitted to another hospital where a colonoscopy showed a tumour and, during surgery, a large tumour was found in the abdominal wall region.

Mr Buckley was sent for chemotherapy and other treatments, but he died in January 2008.