85,000 Euro Compensation for Medical Misadventure Claim

The family of a female who died while giving delivering to her second child has been awarded 850,000 Euros in compensation for medical misadventure following a High Court hearing.

Evelyn Flanagan (38) from Castlebar in County Mayo died at Mayo General Hospital on October 19, 2007, following the birth of her daughter Niamh as a result of serious complications during the birth. An initial post-mortem seemed to point out that Evelyn´s death was attributable to an amniotic fluid embolism; however Evelyn´s family contested the findings – claiming that the deterioration in her condition was due to a postpartum haemorrhage which could have been prevented with greater care.

Inquest hearings in 2008 and 2009 resulted in a verdict of death by medical adventure, following which Evelyn´s husband – Padraic Flanagan – made a claim for medical misadventure compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. It was alleged in the birth injury action that Evelyn suffered a postpartum haemorrhage as a result of a rupture of her uterus which was not detected or adequately dealt with.

Mayo General Hospital initially denied that negligence had happened but, as Mr Justice Michael Peart was informed at the High Court, an acknowledgement of liability had been made during mediation prior to court proceedings. The judge awarded the family 850,000 Euros in birth complication compensation for medical misadventure to include the maximum allowable 25,395 Euros for mental distress and payments for each of Evelyn´s two children as they grow older.