Court told routine test led to serious injuries

A marketing executive with Aer Lingus was admitted to Tullamore General Hospital for a general throat examination and suffered…

A marketing executive with Aer Lingus was admitted to Tullamore General Hospital for a general throat examination and suffered serious internal injuries as a result, the High Court was told yesterday.

Mr Ronan Treacy (32), of Eglinton Road, Donnybrook, Dublin told the court he thought he would not survive an emergency operation carried out to save his life the day after the examination.

He said he went to the hospital on the recommendation of his then girlfriend, who was a speech therapist at the hospital and who had noticed a difficulty with his voice.

In the course of the examination, his oesophagus was perforated and his left lung was left collapsed. He then had to undergo a life-threatening post-surgical operation after which he spent nine days in intensive care.

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Mr Aidan McGovern SC, for Mr Treacy, said a medical instrument called an oesophagoscope was inserted down Mr Treacy's throat on July 22nd, 1996 while he was under anaesthetic.

It was a brass instrument, 45 cms long, and it was inserted in the manner in which a sword-swallower might swallow a sword.

However, the full length of the instrument was inserted causing a 2.5 cm perforation in his oesophagus. Evidence would be given that full insertion was not required in a man who was 5ft 7ins tall. Afterwards, he suffered pain and had difficulty in lying in a fixed position. He was x-rayed and brought to the operating theatre where a repair was carried out the next day.

As a result of the perforation and repair, he developed a problem with his left shoulder, a gurgling or indigestion sensation in his chest, and irritable bowel syndrome.

One of his ribs had to be cut away in order to give the surgeon who conducted the repair operation access to the area damaged by the medical instrument.

He later developed a hiatus hernia and suffered from depression.

Mr Treacy was and would be on medication for the rest of his life. As a result of the operation, he has a scar running the full width of his left-hand side.

Mr Treacy took proceedings against the Midland Health Board. However, at the outset of the case yesterday, liability was admitted by the board and Mr Justice Murphy was told his task was to assess damages.

In evidence, Mr Treacy said he was shocked by what had happened to him but was also elated to be alive.

He was terrified when it was suggested to him that he undergo a similar internal examination to monitor his progress since the operation but had eventually agreed to do so under heavy sedation just over a year ago.

Apart from the physical symptoms left by his 1996 experience, he suffered irritability and depression.

He also became angry because of what had happened to him. The affair had been very traumatic and had affected him in his job and in his personal life.

He was "strained" psychologically and had lost some of his self-confidence.

He also believed it was possible he might develop throat or oesophagus cancer in the future.

The hearing continues today.