A 49-year-old man who claims he suffered catastrophic injuries from a fungal infection allegedly acquired while undergoing a heart procedure at Blackrock Clinic has brought a High Court action for damages.
The High Court on Thursday granted lawyers for the man an order so their engineers can inspect the theatre complexes incorporating operating theatres 4 and 5 at the Blackrock Clinic, Rock Road, Blackrock, Dublin.
It is understood the man’s action against Blackrock Clinic includes a substantial claim for loss of earnings. A full defence has been filed by the Blackrock Clinic.
In an affidavit to the court, solicitor Neil Kidd said the inspection of the theatre complexes incorporating theatres four and five are necessary to present the man’s case. He said in the affidavit the case involves allegations regarding the physical composition of the theatres, their layout, the building fit-out and materials used and the air exchange between the theatres and other rooms forming part of the complexes.
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Mr Kidd said the man has allegedly suffered catastrophic injuries from the infection. Specifically, he said, it is alleged the man acquired the infection from an airborne source during the procedure.
Aspergillus Fumigatus, he said, is a fungal mould that can cause semi-invasive or invasive infections for which treatment options are limited.
He said the infection is almost impossible to treat surgically and long-term anti-fungal agents are the only way to keep the infection under control.
All the claims are denied by the Blackrock Clinic.
The man had an aortic graft replacement and an aortic valve repair at the Blackrock Clinic in June 2021. In the proceedings it is claimed he sustained an aspergillus infection of a prosthetic graft.
He was discharged from the Blackrock Clinic seven days after surgery but later presented at the clinic with a rash and chills. He was treated at the Blackrock Clinic and was admitted to intensive care where he underwent testing and procedures.
He later transferred to another hospital for treatment and underwent high-risk surgery.
It has been claimed he has had multiple further surgeries.
However, it is claimed, when the man’s health began to deteriorate last year he and his wife were informed that the infection was out of control around his heart and he was advised he could choose to undergo an extremely high-risk aortic surgery a third time. He made the decision to have the high-risk surgery and has since had other surgery.
At the High Court on Thursday, counsel for the Blackrock Clinic, Lisa Kelly, told the court her client was willing to consent to inspection of the operating theatres but said it would prefer joint inspection by the two sides so as to avoid disruption to operating schedules.
Mr Justice Paul Coffey said he would grant the application that the operating theatre should be inspected as soon as possible.
The judge marked the case for hearing in November.