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Claim for Being Given Wrong Blood Test Results Fails to be Resolved as Judgement is Reserved

A Dublin woman´s compensation claim for being given the wrong blood test results has been adjourned in the High Court while the judge considers her verdict.

The woman in question – Michelle Kenny from Crumlin in Dublin – had made her claim for being given the wrong blood test results after attending St James Hospital in Dublin in August 2010. Thirty-five year old Michelle had returned from a vacation in Majorca feeling unwell, and was given an x-ray and an ECG by doctors at the hospital.

Michelle was subsequently admitted into the hospital, as doctors feared she may have blood clot on her lung, but she was discharged a week later and told to attend the Outpatients Clinic so that her condition could be monitored. It was during a visit to the Outpatients Clinic in October 2012, that Michelle gave blood to be tested for tuberculosis, and also consented to being tested for HIV.

One week later Michelle received a telephone call from the hospital to advise her that she had tested positive for the HIV virus and that she should return to the Outpatients Clinic to take a further blood test to confirm the original results. Despite subsequent tests revealing that Michelle did not have the virus, she suffered a nervous shock and withdrew from her social environment.

St James Hospital later admitted that the blood test results had been mixed up, and that Michelle should not have been informed that she was HIV positive. However, Michelle was emotionally traumatised by the mistake and, after seeking legal advice from a solicitor, made a compensation claim for being given the wrong blood test results against the hospital.

Michelle´s claim was contested on the grounds that she had not suffered a loss, an injury, or the deterioration of an existing condition as a result of the hospital´s negligence; but Michelle pursued her case and it was heard at the High Court by Ms Justice Bronagh O’Hanlon

After hearing arguments from both parties – and evidence from Michelle – the judge said she was reserving judgement on the case, and would deliver her verdict at a later date.

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