Pensioner allegedly assaulted after he was escorted from hospital settles case for €1.7m

High Court Reporters

A pensioner who it was claimed was escorted out of a hospital A&E but was later allegedly assaulted and suffered a brain injury, has settled a High Court action against the HSE for €1.7million.

Senior Counsel Hugh Mohan told the court that outside there was an unprovoked and vicious assault on the man who has been left with a significant brain trauma.

He had been referred to the hospital by his GP in 2021 with a letter outlining concerns about the man’s mental health.

Counsel said the man, who a few years previously had also suffered a brain injury in a fall needs 24-hour care and through the intervention of the court, he now has specialised care.

In the proceedings against the HSE which the now 71-year-old man brought through his wife, it was claimed that while in the hospital A&E department he encountered difficulties with Wi-Fi reception.

He approached the reception desk, and it was alleged there were raised voices.

The pensioner was escorted outside, it is claimed where it is alleged he was later violently assaulted.

It was claimed that the HSE had allegedly caused a danger to be and to remain on its premises and that it allegedly failed to have any or any proper regard for the safety of the pensioner.

There was, it was further claimed, an alleged failure to take any or any adequate precautions for the safety of the man when he was a visitor on the premises.

The pensioner, it was claimed, was allegedly unlawfully removed from the premises and there was an alleged failure to manage or control or supervise its premises in a reasonable manner or properly at all.

All the claims were denied.

The pensioner who was found unresponsive outside the hospital A&E was brought to a resuscitation unit where he was incubated and ventilated.

He was later diagnosed as having suffered a traumatic brain injury, a skull fracture and a fracture to his arm.

Approving the settlement, High Court president Mr Justice David Barniville said the man suffered a very, very serious brain injury which had a life-changing effect on him, and he said the settlement offer was fair and reasonable.

The judge put a stay on the judgement for six months so that an issue between the HSE and a third party can be determined or agreed.

Mr Justice Barniville wished the man and his family well, and he said he knew it had been a very difficult number of years for them.