Widow settles case against HSE over death of husband (44)

High Court Reporter

Our Lady of Lourdes hospital breached its duty of care to a 44-year-old man who died two weeks after he was allegedly wrongly discharged from the Co Louth hospital, the High Court has heard.

Simon Sherry (44), late of Edenburt, Virginia, died at Cavan General Hospital in August 2019 after developing a severe urinary tract infection and subsequent heart infection, about two weeks after he was allegedly wrongly discharged from Our Lady of Lourdes, Drogheda without a doctor’s certification.

Mr Justice Paul Coffey was told on Friday that Fiona Sherry, Mr Sherry’s widow, had settled her case against the HSE over his death for a “substantial” sum.

Outlining Ms Sherry’s case, her senior counsel Dr John O’Mahony, instructed by Hussey Fraser solicitors, said a breach of duty of care to Mr Sherry occurred at Our Lady of Lourdes, resulting in his death.

Court documents show that a letter was sent to Mr Sherry’s family on behalf of the Our Lady of Lourdes, acknowledging deficiencies in care that led to his death, and apologising.

Dr O’Mahony said Mr Sherry was admitted to Our Lady of Lourdes on August 4th, 2019 suffering with significant back pain and fever. Mr Sherry was diagnosed with a urinary tract infection, and antibiotics were proscribed.

Counsel said Mr Sherry was discharged after two days in hospital, and added that his discharge was allegedly not certified by a doctor.

Dr O’Mahony said the “flagrant breach” of duty of care was Mr Sherry’s discharge from Our Lady of Lourdes when he was still unwell. It was Ms Sherry’s case that it was clear her husband should not have been discharged when he was.

Following this discharge, Ms Sherry’s case contended that Mr Sherry developed urosepsis, a severe urinary tract infection, which gave rise to an abscess developing on his kidney. He ultimately developed endocarditis, an inflammation of the lining of the heart, which led to his death at Cavan General Hospital on August 23rd, 2019, the case contended.

Mr Justice Paul Coffey approved the division of €35,000 in statutory mental distress payment between members of Mr Sherry’s family, and extended his sympathies to them.