Widower settles action against HSE over wife’s death

Court approves the distribution of the standard €35,000 payment for mental distress to dependants of the deceased

Mary Clancy (60), a mother of three and grandmother, died on April 5th, 2016 after failing to respond to resuscitative measures, and following a series of cardiac arrests. File photograph: Alan Betson
Mary Clancy (60), a mother of three and grandmother, died on April 5th, 2016 after failing to respond to resuscitative measures, and following a series of cardiac arrests. File photograph: Alan Betson

The widower of a woman who died in Sligo University Hospital has settled his High Court action against the HSE over alleged negligence in her treatment.

Mary Clancy (60), a mother of three and grandmother, died on April 5th, 2016 after failing to respond to resuscitative measures, and following a series of cardiac arrests.

Her widower, Enda Clancy, a butcher, of Sycamore Heights, Cliffoney, Co Sligo, on behalf of himself and his family, sued the HSE alleging negligence in her care between the end of March and early days of April 2016.

The HSE denied the claims.

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On Wednesday, Mr Justice Kevin Cross struck out the case on the application of Mr Clancy’s counsel Bruce Antoniotti SC after the court approved the distribution of the standard €35,000 solatium payment for mental distress to dependants of the deceased.

In the action, it was claimed, on the balance of probabilities, had there been a timely response on April 4th, and had Mrs Clancy been treated promptly and aggressively with certain actions, including an early and appropriate operation, she would have survived.

Mrs Clancy attended Sligo emergency department on March 21st, 2016, having had a history of epigastric pain over the previous two years for which surgery had been recommended but which she was reluctant to undergo.

She was seen but no treatment was recommended and she was discharged but returned three days later in pain, it was claimed.

She remained in hospital receiving treatment and on April 4th there was a dramatic change in her condition, it was claimed. This was when she should have been treated promptly and aggressively, it was claimed.

Her condition deteriorated and later that day, at around 9.15pm, surgery was commenced. She was admitted to ICU after the operation but her condition deteriorated and she died the following day, April 5th, at 10.55pm.

Mr Justice Cross, approving the payment of the solatium, expressed his sincere sympathy to the family on their loss.