Case Study: February 2025
Cian O’Carroll Solicitors recently acted for JR, a young man whose high-frequency bilateral hearing loss went undiagnosed and untreated for the first six years of his life. Despite being under the care of the HSE, Bon Secours Hospital Cork, and Crumlin Children’s Hospital, his hearing impairment was not identified until age 6, when he was finally fitted with hearing aids.
The case was complex because JR also has cerebral palsy and neurodevelopmental delay, conditions unrelated to the failures of the defendants. It was argued, however, that had his hearing loss been correctly diagnosed at birth, he would have been fitted with hearing aids as early as 6 months of age. This failure deprived him of crucial years of auditory input, causing severe delays in speech, language, and listening skills, along with social anxiety and adverse effects on his education and future opportunities.
The defendants robustly contested the claim, admitting the delay in diagnosis but arguing there was no clear evidence that it had made a significant difference to JR’s development. To meet this challenge, our team obtained extensive treatment records and instructed nine independent medico-legal experts, including audiology, paediatric neurology, and speech and language specialists.
These experts concluded that the delayed diagnosis had a material impact on JR’s early auditory brain development and was a key factor in his severe language difficulties, even when his additional learning needs were taken into account. They emphasised that timely intervention is critical for children with hearing loss, and that the missed opportunity for early fitting of hearing aids had long-lasting consequences for JR’s communication, learning, and social development.
Shortly before trial, the case settled at mediation for €400,000. In light of the conflicting medical opinions between the parties, this represented a strong and successful outcome, recognising the significant contribution that delayed diagnosis made to JR’s lifelong challenges.