Personal Injury Compensation

Archive for December, 2020

HSE Pays €68,000 Alleged Negligence Compensation Settlement to Family of Deceased Woman

December 15th, 2020. By Compensation News.

An €68,000 alleged negligence compensation settlement will be paid by the HSE to the family of a woman who died of sepsis due to peritonitis.

In the action the family of 72-year-old Rose O’Malley, who had a history of pancreatitis, alleged her death was caused by a Peg feeding tube moving and causing there mother to experience septic shock.

Alistair Rutherdale BL represented Catherine O’Malley, of Latchford Green, Clonee, Dublin in Dublin. Ms O’Malley is a daughter Rose and took the case on behalf of her family. The case claimed that there was negligence in relation to the placing, monitoring and application of a Peg tube which resulted in Mrs O’Malley’s passing.

Mrs O’Malley had previously suffered with cholecystitis, inflammation of the gallbladder and had a surgical procedure at Mayo General Hospital in October 2012. The Court was informed that a decision to leave gall stones in place allowed a risk of additional issues such as acute pancreatitis.

Mr Rutherdale said the family were claiming that Mrs O’Malley should not have been discharged on December 30 – having attended the Blanchardstown hospital on December 27, 2014 suffering with symptoms including vomiting. She was taken back to hospital on January 5 when she was diagnosed with pancreatitis and pneumobilia.

Counsel said their case was that a Peg feeding tube inserted on March 13, 2015 to aid her slow recovery, had moved and lead to peritonitis and, subsequently, was the main case of Mrs O’Malley’s death.

Mr Justice Garrett Simons approved the settlement which includes the full €35,000 solatium – the statutory payment under the Civil Liability Act – €8,402 in special damages, and the rest of the €68,000 settlement is accounted for in legal costs.


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