Case Study: June 2026
Alaina Hogan of Cian O’Carroll Solicitors recently secured a €1.5 million settlement in a complex medical negligence case involving the delayed diagnosis and treatment of a condition that ultimately contributed to the development of incurable gastric cancer.
Our client was diagnosed with Stage IV metastatic gastric cancer, a devastating diagnosis which significantly reduced her life expectancy and required palliative treatment.
The circumstances leading to that diagnosis extended back several years.
In 2019, our client underwent investigations which confirmed Helicobacter pylori gastritis. Helicobacter pylori is a bacterial infection known to increase the risk of developing stomach cancer if it is not successfully eradicated. Her consultant prescribed treatment and advised that follow-up testing should be arranged to confirm that the infection had been cleared.
That testing never took place.
Years later, our client began experiencing persistent gastrointestinal symptoms including bloating, nausea and abdominal discomfort. A CT scan was performed and reported as normal. When her symptoms continued to worsen, a further scan was arranged several months later. This investigation identified a suspicious gastric tumour and subsequent testing confirmed advanced metastatic gastric cancer.
Following her diagnosis, concerns arose regarding whether the earlier CT scan had been correctly interpreted. However, detailed expert review ultimately concluded that while abnormalities had been missed on the earlier imaging, the delay associated with that reporting issue would not have altered her overall prognosis.
The more significant issue lay elsewhere.
Independent expert evidence from leading gastroenterology and general practice specialists concluded that there had been a clear failure to arrange the recommended follow-up testing after treatment for Helicobacter pylori (H. Pylori) infection. The experts further concluded that the ongoing untreated infection materially contributed to the development of our client’s gastric cancer and its progression to an incurable stage.
Given the seriousness of her condition and limited prognosis, the case was actively case-managed through the High Court. Extensive evidence was obtained regarding her ongoing care needs, loss of earnings, future support requirements and the impact of her illness on her family.
The matter was successfully resolved through mediation on the eve of trial with a settlement of €1.5 million.
While compensation can never undo the effects of a terminal cancer diagnosis, this settlement provides important financial security for our client and her family and acknowledges the missed opportunities in her medical care.
Cases involving delayed diagnosis or delayed treatment of cancer often raise difficult medical and legal questions. Independent expert review is essential in determining whether earlier intervention would have altered the outcome and whether the harm suffered could and should have been avoided.