The High Court awarded Brendan Ward €225,000 after finding that negligent medical treatment led to severe pancreatitis and, on the balance of probabilities, caused continuing problems with his balance, coordination and speech.
The defendants admitted negligence and breach of duty on the sixth day of the trial. They accepted that the pancreatitis followed directly from that negligence but disputed that it caused Ward’s neurological symptoms, arguing those were due to a pre-existing mitochondrial disorder.
The court said the case was no longer about whether the treatment was negligent. It had to decide the damages for pancreatitis and whether the treatment and its consequences caused the neurological condition. Applying the civil standard of proof, the judge accepted the plaintiff’s evidence and found that his ataxia and dysarthria were caused by the lengthy and severe treatment he required for pancreatitis.
Ward developed acute pancreatitis after undergoing an endoscopic procedure known as an ERCP in May 1998. The judgment records that he endured severe pain and illness, multiple hospital admissions and more than three months of inpatient treatment. He required procedures to drain a pancreatic cyst, blood transfusions, intravenous medication and nutritional support. His wedding took place while he was still debilitated, and he had to cancel his honeymoon.
The court noted that the experts disagreed about the cause of his neurological symptoms. Three consultant neurologists agreed that Ward had a pre-existing mitochondrial condition, but their opinions differed on whether the pancreatitis treatment caused the ataxia and dysarthria. The judge accepted that the condition had been static before 1998 and found that the symptoms had not worsened over the years, contrary to evidence relied on by the defendants’ experts. The judge concluded that the link to treatment was probable, although coincidence remained possible.
The court awarded €75,000 for the consequences of pancreatitis, €50,000 for neurological symptoms and their effects from September 1998 to trial, and €100,000 for their future impact. A further €22,368.75 in agreed special damages was also recorded as recoverable. The judgment states that the total award was €225,000.