HSE Wrongful Death Claim Settled

The High Court in Dublin has heard that a claim for HSE wrongful death compensation has now been settled for an undisclosed sum by the Health Service Executive in the case of David O´Leary.

David of Ballinascarthy, County Cork, was 12 years of age when he died of acute myocarditis in February 2007, after having been diagnosed with a winter vomiting bug by doctors at the Cork University Hospital.

David´s parents claimed in their action against the hospital and the Health Service Executive that David had tried to explain to doctors how ill he was and that he had difficulty breathing. They alleged that, had the doctor´s listened to what their son was trying to tell them, his condition would have been diagnosed and David would still be alive today.

The Health Service Executive denied the claims, but had expressed in a letter to the parents its sincere regret for any deficiencies or inattention in the care of their son. The letter, which was read out to Mr Justice John Quirke at the High Court also stated that the family could take solace from the “lessons that have been learned by all concerned with David´s care”.

Mr Justice John Quirke was told that the medical negligence claim against the Health Service Executive had been settled for an undisclosed sum without admission of liability, and had included the maximum amount payable of 33,000 Euros for the nervous shock and mental distress of the parents as a result of David´s death.