Thursday 16 August 2018

Boy who lost mum to cancer settles HSE case for €325,000

Stock picture: Getty
Stock picture: Getty

Tim Healy

A 13-year-old boy who lost his mother, who was his sole parent, to breast cancer three years ago has settled a legal action against the HSE over alleged delay in diagnosis.

Krzysztof Sliwa, who settled the High Court case for €325,000, now lives with his aunt in his native Poland following the death of his mother Dorota Sliwa when he was aged just 10.

His counsel Patrick Treacy told the court the HSE was cognisant of the tragic circumstances where the boy had lost his mother, and it was not a confrontational case.

Krzysztof, from Wloclawerk, Poland, through his aunt Magdalena Paczkowska Tomczak, sued the HSE over the loss of his mother in October 2015.

They had been living at the time at Gleann Cora, Newmarket-on-Fergus, Co Clare.

The claims were denied and the settlement was without any admission of liability.

Suffering

It was claimed the boy had shared in the suffering of his mother, who was a caring and devoted mother, during her terminal illness.

It was further claimed that at a tender age he had endured the stress, the distress and the upset of living with a close family member during her terminal illness.

Krzysztof's mother, who had a family history of breast cancer, was seen on a number of occasions, it was claimed, from about July 2009 to her death in October 2015.

She had a mammogram on August 5, 2009, but was not referred for family history gene testing.

She was reviewed again in 2010 and 2011, and in Poland in 2012 a mammogram and ultrasound were carried out and a biopsy was recommended.

In December 2012 a malignant invasive cancer was confirmed.

Ms Sliwa underwent a mastectomy.

In April 2014, Ms Sliwa complained of back pain and was found to have further cancer.

She underwent chemotherapy, but the disease was aggressive.

It was claimed that by reason of delay in diagnosis and or treatment, Ms Sliwa died in October 2015.

There was, it was claimed, an alleged failure to have any regard to the fact that Ms Sliwa had a family history of breast cancer, with her mother dying from it at 40 years of age, and her grandmother when she was in her 30s.

It was further claimed there was an alleged failure to treat Ms Sliwa adequately or suitably in time or at all, and an alleged failure adequately or sufficiently in time or at all to identify her cancer when it was a small modular cancer at an early stage.

Irish Independent

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