Widow settles High Court case over death of husband at Waterford hospital

High Court reporters

The widow of a man who suffered a cardiac arrest and died aged 67 a week after being admitted to hospital has settled a High Court action over his death.

Caroline Brophy claimed her late husband, Charles Brophy, was not properly diagnosed or treated for a pulmonary embolism after attending University Hospital Waterford on December 17th, 2019.

The Health Service Executive (HSE) denies it was negligent or breached its duty save for a failure to perform a test for blood clotting on the night of December 17th/18th.

It rejected all other claims in the case brought by Ms Brophy, of Slade Castle Court, Saggart, Dublin, on behalf of herself and the other statutory dependants of her late husband for mental distress suffered due to his death.

Mr Brophy, who lived in Mooncoin, Co Kilkenny, had a history of hypertension, varicose veins and blood clots.

The case alleged Mr Brophy, a business owner and school care taker, was examined and then discharged when he attended at hospital’s emergency department on December 16th, 2019.

He was then admitted when he returned the next day with a GP referral. Medical staff noted he had generalised aches and pains, mild shortness of breath during exertion and right sided weakness over the preceding three days, Ms Brophy alleged.

Further tests were conducted before he suffered a cardiac arrest on December 23rd and died despite prolonged attempts at resuscitation.

Among her allegations is a claim there was a failure to have sufficient regard to Mr Brophy’s medical history and to consider he was suffering from pulmonary embolism.

The HSE denied it was liable in any way for the distress suffered by Ms Brophy and Mr Brophy’s other dependants.

On Friday, Ms Brophy’s senior counsel, Jeremy Maher SC told the High Court the case had been settled on undisclosed terms.

Mr Maher, instructed by Cian O’Carroll solicitors, said Mr Brophy’s siblings and his son, Brian Brophy, waived their entitlement to a statutory payment on foot of the settlement. Mr Brophy’s two grandchildren will receive €5,000 each, the court heard.

Ms Justice Leonie Reynolds conveyed her sympathy to Ms Brophy and Brian Brophy, who were present in court.

Denying the claims, the HSE alleged the findings of Mr Brophy’s heart monitor were “extremely subtle” on December 17th.

When the possibility of a pulmonary embolus was raised the next day, Mr Brophy underwent a scan on his blood vessels which confirmed the diagnosis, the HSE claimed. He received appropriate anticoagulant treatment within one hour of being diagnosed, it added.

The HSE further pointed to Mr Brophy being admitted in the evening and being seen by the medical team in the early hours of the next day. “No hospital offers echocardiographic assessment on a 24-hour basis,” it said.