The family of a 22-year-old man with cerebral palsy, who was discharged from a hospital despite his protestations that he needed to be there and who later died, has settled a High Court action against the Health Service Executive (HSE).
John Smith presented to Cavan General Hospital emergency department three times in a five-day period, the High Court heard. On the third occasion he was diagnosed with sepsis.
His condition deteriorated and he was in septic shock.
The family’s senior counsel, Bruce Antoniotti SC, said the man had a bacterial infection which led to a condition that could not be treated by the time it was diagnosed. He died on August 31st, 2019, of multi-system organ failure.
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Counsel told the court that Mr Smith had been discharged the second time from Cavan General Hospital after he was treated for an infection and despite the fact that there were indicators including raised inflammatory markers and he had a fast heart rate.
Counsel said that despite protestations from Mr Smith and his family he was discharged on August 23rd, 2019, for the second time. Counsel said the family was concerned about the “absolute non-communication of doctors and nurses. They would not listen and they refused to accept that John was so ill he could not be discharged,” Mr Antoniotti said.
In a letter of apology read to the court, Cavan General Hospital said it wished to offer “our sincerest apologies to your family and to your extended family following the tragic death of your dear son John and acknowledge the failings on behalf of the hospital”.
The letter from the hospital continued: “We acknowledge that the experience was devastating for you and understand that this apology cannot negate the deep effect the loss of your son has had on your lives or in any way makes up for this tragic loss.”
It added that the hospital has implemented recommendations to ensure that a similar situation does not occur again.
Noting the settlement and the division of the statutory €35,000 mental distress payment, Mr Justice Paul Coffey said it was a very tragic case about “a wonderful young man”.
Mr Smith’s father, Sean Smith, of Stragella, Cavan, had sued the HSE over the care given to his son in August 2019. Liability was admitted in the case.
John Smith first presented at the hospital emergency department on August 20th, 2019, after vomiting at home. He was discharged on the same day but remained unwell and devoid of energy.
He went back to the hospital on August 22nd and was noted by clinicians to be overtly unwell with a fast heartbeat.
He was admitted to a ward and was reviewed by both surgical and medical teams. He had blood tests, scans and was positive for pathogenic coliforms and was treated with intravenous fluids.
His discharge the next day was negligent and in breach of the standard of care which should have been afforded to him, it was claimed.
When he came back to hospital the next day, August 24th, he had abdominal pain and fever as well as other symptoms. Sepsis was diagnosed which required critical care management. He developed further complications and was later transferred for care in another hospital where he died on August 31st, 2019.