Cork family settles High Court action over death of mum Betty from covid

The family of a Cork woman who died in hospital from a Covid 19 infection has settled a High Court action over her death, in what is the first case to come before the courts in relation to a person contracting the virus during the pandemic.

In the proceedings it was claimed that Elizabeth ‘Betty’ Carroll had blood cancer and was, as a result vulnerable to contracting infection. 

It was claimed she had allegedly been exposed to the avoidable risk of infection with repeated transfers between the Mercy University Hospital, Cork and a nursing home step-down facility known as St Francis Unit, Baker’s Road, Gurranbraher, Cork.

It was further alleged that Mrs Carroll had been discharged from the Mercy University Hospital and admitted to the St Francis Unit in September 2021 without allegedly first confirming that the nursing home facility was a suitable and safe facility for her ongoing care and recovery offering at least the same level of protection from Covid 19 infection as the hospital.

All of the claims were denied.

The family’s counsel, John White SC, with Cian O’Mahony BL, instructed by Denis O’Sullivan & Co solicitors, told the High Court yesterday that the parties had reached a satisfactory agreement.

The settlement was against the Mercy University Hospital and the HSE. Counsel said the settlement, which was reached after mediation, was without an admission of liability.

A mother of three and grandmother of seven, Mrs Carroll, aged 61, from Mayfield, Cork city, was found at the nursing home facility to be breathless and on September 12, 2021, she was transferred back to the Mercy Hospital, where she tested positive for covid-19.

She was later put on a ventilator and died in the hospital intensive care unit on October 1, 2021.

Outside the Four Courts, her husband, retired taxi driver Anthony Carroll, said his wife was “the best person in the world”.

He said the family had “hesitantly” brought the case.

“We did it in memory of Betty,’ he said. “The window visits were terrible and soul-destroying. Betty was so near, and yet so far.”

Thanking his legal team, Mr Carroll said he and his family found the process difficult.

“We are so heartbroken, and another four weeks of having to sit in court and listen to arguments would have been too much for us,” he said.

Noting the settlement, and the division of the statutory €35,000 mental distress payment, Ms Justice Leonie Reynolds expressed her condolences to the Carroll family.

Mrs Carroll was diagnosed with cancer of the blood after being admitted to the Mercy University Hospital in August 2021.

In the proceedings, it was claimed that she had significantly diminished capacity to overcome the covid virus once infected. It was also claimed that neither Mrs Carroll nor her husband nor family were advised of this immunosuppression and her vulnerability to covid.

On September 1, she was discharged from the Mercy Hospital and transferred to the St Francis Unit nursing home facility.

It was claimed that at the time of the transfer to the nursing home facility, it was allegedly known that patients of nursing home-type institutions such as the St Francis unit were extremely vulnerable to covid infection, with poor outcomes in many cases.

On September 7, it was claimed, Mrs Carroll was found to be seriously ill, and she was transferred back to the hospital.

Three days later, she was returned to the nursing home. On a window visit on September 11, Mr Carroll claimed his wife was struggling to breathe, and the next day she was transferred back to hospital, where she tested positive for covid.

All of the claims were denied.