The Plaintiff was a man in his early twenties who was referred to a private medical facility for the purposes of an MRI scan on his lower back having complained to his General Practitioner of lower back pain that was not resolving. The MRI scan was read by a Consultant Radiologist who reported as being essentially normal. The Plaintiff continued to suffer from pain in his lower back and approximately twenty months after the MRI scan was performed, he underwent a CT scan at St. James’s Hospital which demonstrated a large retro-peritoneal tumor. He underwent urgent biopsy at the Royal Marsden Hospital which confirmed a diagnosis of a germ cell tumor which measured 20 x 16 x 21 cm. The tumor was noted to be displacing his left kidney causing left hydronephrosis. He was treated with 4 cycles of combination chemotherapy in an effort to reduce the tumor size following which he underwent specialist retro-peritoneal lymph node dissection including resection of the tumor. The surgery involved a left nephrectomy and aortic repair and the Plaintiff remained in cancer remission.

The Plaintiff was concerned about the interpretation of the initial MRI scan twenty months before his actual diagnosis and contacted Augustus Cullen Law to investigate whether or not there was negligence in the reporting of the said MRI scan. Independent expert evidence was obtained from a Consultant Radiologist in England which identified that the tumor was visible on the original MRI scan and measured approximately 5.8 cm. An expert report was also obtained from a Specialist Clinical Oncologist with a particular expertise in urological tumors, which confirmed that had a timely diagnosis being made on foot of the MRI scan then the Plaintiff would avoid the necessity of the removal of his left kidney, fewer cycles of chemotherapy and less invasive treatment. Proceedings were issued against the Consultant Radiologist and Medical Facility and a Defense delivered which admitted the allegations of negligence. The matter was listed for trial but shortly before the matter was due for hearing, a settlement meeting was arranged, and damages wereagreed in the sum of €250,000 and costs in favor of the Plaintiff.

If you have any further queries, please contact Jamie Hart, Partner in our Medical Negligence Group.

10 December 2018

    Dear Joice… you are and have been very professional, sympathetic and dignified in all of your dealings with us and I put that down to one simple fact. You listened.

    James, Medical Negligence Client

    Neil is an absolute gentleman to deal with – kind, tactful and very efficient. We could not praise him highly enough. He brought us through a horrible time.

    Sean, Medical Negligence Client

    Many thanks again for a job well done. We really appreciate all your hard work and practical advice.

    Corporate client in a commercial litigation matter

    Dear Jamie, You and your team in ACL were so professional, diligent and prompt. I have recommended you and the firm, and will continue to do so.

    Lorraine McCarthy

    Gus Cullen and the firm’s approach to addressing the key issues was professional, yet personal, efficient yet attentive.


    The process is a difficult one and when you deal with people who are so professional and yet genuine/real people, it makes it so much easier... so thanks a million.


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