A 74-year-old man died when he had a heart attack after the ambulance he was travelling in crashed into a motorway toll plaza barrier, the High Court has heard.
James Walsh became breathless and panicky after the toll plaza crash which exacerbated his extremely serious condition, with which he was suffering chest pains, Mr Justice Paul Coffey was told.
Dr John O’Mahony SC, with Harold Brooks BL, told the court the ambulance travelled on the incorrect lane at the M3 Blackbull toll plaza and crashed into the barrier. The ambulance had to reverse out of the lane and another was called. Counsel said there was an “unnecessary and inordinate delay” because Mr Walsh’s ambulance waited for a second ambulance to arrive.
"The big mistake was that the first ambulance did not continue to hospital after the crash. If it had Mr Walsh would have arrived at the Mater Hospital, Dublin, in a timely manner and life-saving measures would have been carried out," counsel said.
"Mr Walsh was very, very delayed and he died within minutes of arriving at James Connolly Memorial Hospital, Blanchardstown, where the ambulance diverted to," the court heard.
His wife, Josephine Walsh (73), who sued the HSE and the National Ambulance Service, on Friday settled a High Court action over her husband's death. The terms of the settlement are confidential. Liability was admitted in the case.
Admitted
It has been admitted the collision with the toll plaza outside Dunboyne, Co Meath on September 29th, 2017, and consequential delay prevented Mr Walsh's timely arrival at the Mater Hospital where it is admitted he would, on the balance of probabilities, have received life-saving treatment.
As part of the settlement, a letter was read out from the National Ambulance Service which offered its sincere apologies to Mrs Walsh, of Culmullen, Drumree, Co Meath, and her family for the circumstances surrounding her husband's death.
The letter from chief ambulance officer Paul Gallen expressed "deepest condolences and sympathies" and also acknowledged the "distress and upset" suffered by the family.
On the day of his death, Mr Walsh wasn’t feeling well and his wife rang emergency services at 5.22pm. A group of first responders gave Mr Walsh aspirin at 5.38pm. A second group of responders arrived 15 minutes later.
The ambulance crew noted and recorded that Mr Walsh had chest pains on and off for two days and had an acute episode of chest pain earlier in the evening. The ambulance left the home at 6pm and Mr Walsh was started on oxygen.
When the ambulance transporting Mr Walsh collided with the toll plaza barrier a skylight was damaged and glass entered the cab. Mr Walsh became breathless and panicky and wanted to get out of the ambulance.
It was noted he had a cardiac arrest at 6.46pm.
Waited
A second ambulance was requested and Mr Walsh’s ambulance waited for it to arrive, when CPR was commenced. Mr Walsh’s ambulance arrived at James Connolly Memorial Hospital at 7.17 pm, but he was pronounced dead shortly afterwards.
It was claimed there was a delay in enabling Mr Walsh to receive proper urgent care and treatment of his heart attack and delay in bringing him to hospital caused by the toll barrier collision. It was further claimed he suffered cardiac arrhythmia leading to cardiac arrest and death as a result of stress caused to him from the crash.
It was alleged Mrs Walsh, who was in the ambulance when the collision occurred, feared for her own life and her husband’s life when the collision occurred and has suffered post-traumatic stress disorder and suffers flashbacks.
Noting the settlement and distribution of the solatium, which in this case is €35,000, Mr Justice Coffey extended his sympathy to the family. The judge said it was a tragic case where Mrs Walsh’s husband was only moments away from having his life saved.