Ms Justice Bronagh O’Hanlon has reserved judgement in a test result mix-up claim for compensation in which a woman was incorrectly told she had the HIV virus.
Judge O´Hanlon at the High Court heard that Michelle Kenny (35) from Crumlin in Dublin had returned from a holiday in Majorca feeling unwell and – on 17th August 2010 – attended the St James Hospital in Dublin, where she underwent an ECG and blood tests, and had an x-ray taken of her chest.
Michelle was kept in hospital for a week as doctors believed she may have a blood clot on her lung, but was discharged on August 23rd to await the result of a blood test for TB. When she returned to the Outpatients Clinic on October 6th for an assessment, Michelle also underwent a blood test for HIV.
The following week, Michelle´s doctor rang her to say that, although she was clear of TB, her HIV test result had indicated positive. Three further tests showed that a mistake had been made, and that Michelle was not at risk from the HIV virus; however, as Michelle told the court, “I was devastated. I thought I was going to die, that I had no future.”
After an investigation revealed that the doctor at St James Hospital had given her the wrong person´s results, Michelle sought legal advice and made a compensation claim for nervous shock against the hospital – alleging that the news, albeit wrong, had stopped her socializing and caused a change in her lifestyle.
St James contested the test result mix-up claim for compensation on the grounds that Michelle had not suffered any loss or damage. They argued that Michelle had been told quickly after the mistake had been identified that she did not have HIV and denied that she was entitled to any compensation for a test result mix-up.
After hearing arguments from both sides, Ms Justice Bronagh O’Hanlon said she would reserve judgement on the claim for test result mix-up compensation for a later date.