Family settles claim over death of woman (71) at University Hospital Kerry

High Court Reporter

The family of a pensioner who died at University Hospital Kerry has settled a High Court action over her death.

Grandmother of four Marian McCormack (71) of Tralee, the High Court heard, had been admitted to the Kerry hospital in early January 2019, but died a number of weeks later.

The family’s counsel, Doireann O Mahony Bl, told the High Court that it was their case that on January 28, 2019 Mrs Mc Cormack was given a blood thinner allegedly without performing a risk analysis, and she later suffered an internal abdominal bleed and died the next day.

The settlement, the terms of which are confidential, is without an admission of liability.

The case was before the court for the division of the statutory mental distress payment of €35,000 only.

Counsel told the court it was a sad and tragic case where Mrs McCormack was admitted to the Kerry hospital on January 4, 2019 with an infection which was exacerbating her lung disease.

She was treated with antibiotics for pneumonia, but it was claimed these did not work as the infection causing her deterioration was flu.

Mrs McCormack was not transferred out of the emergency department and into a medical ward until 5am on January 6 and was not admitted to ICU until after noon on the same day.

It was claimed there was an alleged delay between 7.20pm on January 5 and 12.30pm on January 6 in referring the woman to the ICU. It was contended by the McCormack side that this was associated with a significantly worse outcome.

Counsel told the court Mrs McCormack’s respiratory failure had progressed. She required intubation, prolonged mechanical ventilation, and ultimately a tracheostomy. Her course in ICU was prolonged and complex, Counsel said.

Counsel said an internal report by the HSE identified poor clinical oversight in the case, and it was contended by the McCormack side that the HSE had allegedly breached its duty of care by allegedly not providing proper critical care services.

Mrs McCormack’s son, Terry McCormack and her daughter, Lisa Healy, both of Tralee, Co Kerry had sued the HSE. Counsel told the court that Mrs McCormack’s widower Terence had died before the settlement of the case was reached.

In the proceedings, it was claimed there was an alleged failure to transfer Mrs McCormack out of the emergency department to a medical ward until 5am on January 6, 2019.

There was, it was claimed, an alleged delay in referring Mrs McCormack to intensive care.

A blood thinner, it was claimed, had allegedly been administered, which it was claimed caused Mrs McCormack to suffer a fatal bleed.

There was also, it was claimed, a failure to perform a laparotomy - open abdominal surgery - which it was contended could have saved the woman’s life.

All of the claims were denied and a full defence was delivered in the case.

Noting the settlement and the division of the statutory mental distress payment, Mr Justice Paul Coffey extended his deepest sympathy to the McCormack family on their loss.