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

The boy's counsel Patrick Treacy SC told the High Court the HSE were cognisant of the tragic circumstances where the boy had lost his mother - his sole parent - and it was not a confrontational case.

Krzysztof Sliwa (13) from Wloclawerk, Poland had through his aunt Magdalena Paczkowska Tomczak sued the HSE over the loss of his mother Dorota Sliwa in October 2015 and who at the time lived at Gleann Cora, Newmarket on Fergus Co Clare.

It was claimed the boy shared in the suffering of his mother, who was a caring and devoted mother, during her terminal illness and at tender years endured the stress, distress and 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 recommended. In December 2012 a malignant invasive cancer was confirmed and Ms Sliwa had to have a mastectomy.

In April 2014, Ms Sliwa complained of back pain and was found to have further cancer and 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 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. The claims were denied and the settlement was without any admission of liability.

Approving the settlement, Mr Justice Kevin Cross said the "helpful attitude of the HSE" in the legal case was to be highly commended. The judge said while nothing would compensate the boy for the loss of his mother at a young age, his legal team had secured a good settlement.