The partner of a man who died from a brain haemorrhage after being sent home from hospital three times after complaining of headaches has asked the High Court to quash the result of an inquest into his death.
Gwen Bradley's proceedings against Cork city coroner Philip Comyn arise from an inquest held last April into the death of Evan Morrissey.
Mr Morrissey (28) died on March 22nd, 2014, at Cork University Hospital, after being transferred there from South Tipperary General Hospital several days earlier.
He had first presented at Tipperary on March 2nd, 2014, complaining of severe headaches but was discharged the following morning. He returned on two further occasions before being discharged shortly afterwards.
He was readmitted on March 18th to Tipperary after becoming very ill and was later moved to Cork, where he died.
The jury at the inquest returned a narrative verdict, a verdict in line with the medical evidence that Mr Morrissey died from a haemorrhage from a rebleed from a cerebral artery aneurysm.
Ms Bradley and Mr Morrissey, of Rosegreen, Cashel, Co Tipperary, had five children together, the youngest born six months after his death.
She is unhappy over the manner in which the inquest was conducted, claims the coroner limited the scope of the inquiry into the circumstances surrounding Mr Morrissey’s death and the inquest was not conducted in accordance with the law.
Relevant evidence
She claims the coroner prevented relevant evidence concerning facts and omissions that led to Mr Morrissey’s death being put before the jury.
Patrick Tracey SC, for Ms Bradley, told the High Court her solicitor Cian O’Carroll represented her at the two-day inquest.
Mr O’Carroll attempted to ask questions of the medical witnesses at the inquest but was not allowed to do so by the coroner, counsel said.
Counsel said the coroner repeatedly prevented Mr O’Carroll asking questions that strayed beyond that particular person’s interaction with Mr Morrissey when the deceased was under their care.
Mr O’Carroll particularly sought to ask questions in relation to procedures and protocols in place at South Tipperary General Hospital for dealing with patients with symptoms such as those exhibited by Mr Morrissey, he said.
Because of the coroner’s interventions, Mr O’Carroll, on instructions from Ms Bradley, decided to withdraw from the inquest, counsel said. That was “not done lightly”.
In her action, Ms Bradley claims the coroner acted in excess of his powers and in breach of the Constitution and European Convention on Human Rights in limiting the scope of the inquiry into Mr Morrissey’s death. Because of the manner in which the inquest was conducted, the jury did not have all the relevant evidence before it when considering its verdict, she claims.
Mr Justice Seamus Noonan granted the ex parte application (one side only represented) for leave for judicial review and returned the matter to October.