Family of man who died two weeks after being discharged from hospital settle High Court action

High Court Reporters

The family of a man who was referred to hospital with shortness of breath and chest tightness but was later discharged home and died two weeks afterwards has settled for €125,000 a High Court action over his death.

A post mortem later found that the cause of death for father of three Brendan Holden from Mullinavat, Co Kilkenny was severe underlying ischaemic heart disease with an enlarged heart noted as a contributing factor.

The family’s counsel, Aidan Doyle SC, told the High Court it was their case that the 64-year-old man should not have been discharged from University Hospital Waterford after he was referred there by his GP in May 2021.

The case settled for €125,000 and was before the court for the division of the €35,000 mental distress payment only.

The settlement against the HSE, which was reached after mediation, is without an admission of liability.

Counsel said Holden, a retired mechanic, went to his GP on May 19th, 2021, complaining of tightness in his chest over a number of weeks and shortness of breath on exertion.

He was then referred to the emergency department of University Hospital Waterford on the same day.

Holden’s condition was described in the referral letter as "urgent".

Holden, counsel said, was very short of breath and was triaged at the hospital. Holden was discharged in the early hours of May 20th, and it was their case that this should not have happened.

Josephine Holden of Mullinavat, Ci Kilkenny, had sued the HSE over the death of her husband.

In the proceedings, it was claimed that Holden’s death was caused by the alleged wrongful acts of the hospital.

It was further claimed that had an appropriate history been taken from Holden at the University Hospital Waterford, it allegedly would have established unstable angina, and he would have been admitted into hospital where appropriate treatment would have been administered.

It was further claimed that eight days after his hospital discharge, Holden returned to his GP complaining of continuing chest tightness and he was referred for an appointment with a consultant cardiologist, but he died suddenly in bed on June 9th, 2021.

A post-mortem later found that the cause of death was severe underlying ischaemic heart disease with an enlarged heart noted as a contributing factor.

All of the claims were denied.

Noting the settlement and approving division of the mental distress solatium payment, Judge Paul Coffey extended his deepest sympathy to the Holden family.