A ten-year-old boy whose 37-year-old mother died in Dublin's Mater Hospital five years ago has secured €415,000 in settlement of his High Court action against the hospital.
It was claimed the hospital failed to deal with and treat Ms Teresa Foley, who had a history of auto-immune disorder, with sufficient urgency and failed to diagnose that she presented in a septic state when she arrived at the Accident and Emergency unit.
Mr Justice Richard Johnson today approved the settlement figure in favour of Patrick Foley (10), who had sued through his guardian and aunt Pamela Foley, Kincora Road, Clontarf, Dublin, arising from death of his mother at the Mater Hospital on February 26th, 2001.
It was claimed that, at 1.50pm on that day, owing to the alleged negligence and breach of duty on the part of the Hospital in the treatment afforded Teresa Foley, that she was caused or occasioned to suffer cardio respiratory arrest as a result of which she died.
The hospital, at Eccles Street, Dublin, had denied the claims. Ms Foley, a single mother, had a past history of Systemic Lupus Erythematosus, an auto immune disorder which was diagnosed when she was 19 years of age, the court heard. She underwent a splenectomy in her early 20s and was prescribed maintenance steroids.
Recommending the settlement yesterday , Mr Denis McCullough SC, for Patrick Foley, said he was the only child of Teresa Foley, who was a personal assistant at an insurance brokers.
On the morning of February 26th, 2001, Ms Foley was feeling unwell and had a high temperature, vomiting and neck pain and was taken by ambulance to the Mater Hospital, counsel said.
She was accompanied by her sister Pamela and arrived at the hospital at 8.40am. Mr McCullough said Pamela Foley is a psychiatrist and gave her sister's full medical history to the medical staff on the day.
Teresa Foley was given a morphine injection and her blood pressure was so low that it was unrecordable. It would have been contended that Teresa Foley required very vigorous treatment very urgently regarding intravenous fluids, counsel said. However, the management plan in her case was not carried out with sufficient urgency.
At 1.50pm on February 26th, 2001, Ms Foley suffered cardio respiratory arrest as a result of which she was fatally injured. It was claimed the hospital failed to diagnose that Ms Foley had presented in Accident and Emergency in a septic state and had early features of septic shock.
It was also claimed that the hospital failed to monitor the woman's condition frequently, properly or at all. It was claimed the hospital was negligent in allegedly failing to carry out any or any proper assessment of Ms Foley's condition in time or at all and that it failed to take blood samples within a reasonable period given Ms Foley's clinical condition and arrange appropriate urgent laboratory investigations.
It was also claimed the hospital failed to carry out any or any proper or frequent clinical examination of the Ms Foley's cardiovasular system, including examination of her pulse rate, blood pressure, temperature or skin colour in the circumstances.
Having diagnosed sepsis and disseminating intravascular coagulation, it was claimed the hospital failed to afford vigorous and appropriate treatment including aggressive fluid resuscitation together with broad spectrum antibiotics intravenously.
After an allegedly inadequate management plan had been drawn up at 11.30am, the hospital had failed to ensure that the plan was followed properly or at all, it was also claimed.
Ms Foley, the court was told, had been a strong, healthy and active individual and an emotional support for her son. Patrick Foley had and would continue to suffer because of the death of his mother and the loss of her parental protection and care.
The boy had suffered loss, damage and mental distress, it was pleaded. Patrick, the court was also told, is being well cared for by his aunt. Mr Justice Richard Johnson said he had no hesitation in recommending the settlement. The rest of the extended Foley family had waived their rights in favour of Patrick, the judge was also told.