Family settle action against HSE after father died in hospital from 'survivable injuries'

High Court reporters

A Tipperary family has settled a court action against the HSE for €600,000 over the death of a 51-year-old father five days after a traffic accident.

A significant small bowel injury was missed completely by staff at Cork University Hospital, the High Court heard.

Father-of-five Patrick Connolly deteriorated gradually and died of a heart attack in CUH five days after the road accident outside Tipperary town on December 28th, 2021.

The family’s counsel, Dr John O’Mahony SC with Cian O’Mahony BL, told the court that “no particular attention was paid to the bowel injury” in the hospital and Mr Connolly gradually deteriorated.

Dr O'Mahony said Mr Connolly was in a lot of pain, was vomiting and had two heart attacks. He died after his second heart attack on January 2nd, 2022.

The HSE admitted Mr Connolly had a small bowel perforation that was not diagnosed in a timely manner.

The health service also admitted that if a laparoscopic assessment had been carried out at any time from Mr Connolly’s admission to hospital to the time of his first heart attack, there would have been a high likelihood of survival.

Dr O'Mahony said it was their case that Mr Connolly had sustained “survivable injuries” in the accident as he took part in a bike charity event with his son. The family had suffered a dreadful loss, he said.

He said there had been a collision with a car driven by Mary Lowry as Mr Connolly drove his motorbike with his son as a pillion passenger.

A central witness in the Mr Moonlight murder trial, Ms Lowry was last year given a suspended one-year jail sentence and a one-year driving ban, after she admitted a charge of careless driving in relation to the accident.

Ms Lowry (57), of Green Road, Dundrum, Co Tipperary, admitted driving her car without due care or attention on the N24 Waterford to Limerick road on December 28th, 2021.

She was not a party to the High Court proceedings.

Mr Connolly’s widow, Geraldine Connolly, of Burncourt, Cahir, Co Tipperary, had sued the HSE on behalf of her family over the death of her husband.

In the proceedings, it was claimed Mr Connolly, who had suffered pelvic and other injuries, complained of abdominal pain. Tests were carried out and it was noted Mr Connolly had suffered abdominal trauma and required observation due to risk of bowel injury.

Blood tests and other examinations were carried out and Mr Connolly remained unwell.

On December 31st, Mr Connolly’s condition further deteriorated and he was acutely unwell.

The next day a review was carried out because of Mr Connolly’s temperature spike and pain. It was noted nothing was improving his pain. Mr Connolly later suffered a heart attack and he was resuscitated.

He remained very unstable and the next day he suffered a further cardiac arrest and died.

Approving the settlement against the HSE in the High Court and the division of the €35,000 statutory mental distress payment, Mr Justice Paul Coffey said it was a sad and tragic case. He extended his sympathy to the Connolly family. Outside court, Geraldine Connolly said her husband was a good man and a great father.

“We have great memories,” she said.

“My children never saw their father again after he went into hospital. They were not allowed in because of covid restrictions. My son who was in the accident with him, the last time he talked to his father was when the two of them were on the road. Patrick was shouting for him and David the last time he spoke to him was to say ‘Dad, I am alright; I’m OK.”

She said Patrick was the love of her life and they had been together for nearly 30 years.

"On New Year’s Eve in the hospital, I said he wasn’t himself; he was out of it and they put it down to the morphine he was on for pain. You trust them; you think they are doing their best and it was after all that, everything happened.’

She added: “You expect better care. We are still heartbroken; I feel let down; I put all my trust in them.””

Referring to the car driver Mary Lowry, Mrs Connolly said it was an accident and “Paddy would never have held it against Mary Lowry. He was like that; he would have understood.”