4.5 Million Euros Brain Damage Settlement for “Child in a Man´s Body”

A Galway man, who suffered severe brain damage after his viral encephalitis illness was allegedly misdiagnosed as eczema, has had a 4.5 million Euro settlement approved in the High Court.
Martin O’Brien (45) from Newcastle, County Galway, developed a rash with itchy sores in January 1996. He was referred to University College Hospital, County Galway by his doctor, who believed he had scabies and who prescribed benzyl benzoate as a temporary measure.
At University College Hospital, Martin was diagnosed as having eczema and, when his case was reviewed in February, it was claimed in court that he was advised to continue using the treatment prescribed for him in January.
However, by the end of March, Martin was complaining of aches, pains, fevers, sweating and memory loss and, after attending the Merlin Park Regional Hospital, County Galway on March 31st, Martin collapsed and was admitted to the hospital under the care of Dr. Brendan S Duffy.
Mr Justice John Quirke heard at the High Court that following his collapse, Martin had complained of having a blackout, amnesia, headaches, a stiff neck, a loss of power in his lower limbs and abnormal rolling of his eyes.
By the evening of the 31st March Martin was unable to recognise his wife and, it was claimed, that tests taken after his admission indicated encephalitis and possibly herpes simplex. However, no treatment against the virus was prescribed until April 4th, when Zovirax was prescribed, and on April 5th when Acyclovir was added to the treatment. Martin remained in hospital until August 1996.
In the subsequent case brought against Dr Duffy and the Health Service Executive, it was alleged that Martin suffered severe brain damage as a result of the delay and was described in court as a “child in a man´s body”. Martin can no longer work and has relied for the past fifteen years on care provided by his family.
A settlement of 4.5 million Euros without admission of liability was negotiated between legal representatives of Martin´s family and insurers for Dr Duffy. Approving the settlement, Mr Justice John Quirke paid tribute to Martin´s wife, Anna Marie, describing her as “a wonderful lady” and directed that part of the award should immediately be paid to the family for the care they had provided.
The Health Service Executive has also urged the family to place Martin into a home.