Monthly Archives: January 2021

HSE Settle Negligence Compensation Action with Family of Dead Woman for €68,000

The HSE has settled an alleged negligence compensation action with the family of a woman who passed away after suffering with a sepsis infection caused by peritonitis €68,000.

The woman, Rose Malley, had a history of pancreatitis and passed away at the age of 72.  In the compensation claim submitted her family alleged that her death was a result of a Peg feeding tube shifting after being inserted and leading to septic shock.

Yesterday at the High Court,  Justice Garrett Simons gave his approval for a proposed compensation settlement for the wrongful death of Rose Malley, the deceased mother-of-six from  St Patrick’s Avenue, Crossmolina, Co Mayo, at Connolly Hospital, Blanchardstown, Dublin, on March 19, 2015.

In the compensation settlement the entire €35,000 solatium, the statutory payment under the Civil Liability Act – €8,402 in special damages, is included along with other legal costs.

Acting on behalf of Rose O’Malley’s daughter, Catherine, Alistair Rutherdale BL told the court that it was being alleged that there was negligence in relation to the placing, monitoring and application of a Peg tube leading to the tragic death of Mrs O’Malley.

Mrs O’Malley had a history of suffering with cholecystitis, inflammation of the gallbladder, and was scheduled to have a procedure to address this in October 2012 at Mayo General Hospital. The court was told that a decision to leave gallstones in place created the potential for more issues such as acute pancreatitis.

Mr Rutherdale informed the judge that Mrs O’Malley attended the Blanchardstown hospital on December 27, 2014, with symptoms including vomiting and her family were of the belief that it was a mistake to send her home on December 30.

She was taken back to the hospital on on January 5 when it was discovered that she was suffering with with pancreatitis and pneumobilia. Mr Rutherford told the court that Mrs O’Malley had been making a slow recovery from this ailment when a Peg feeding tube was place, to assist with her rehab, on March 13, 2015. Sadly, it appears that that tube had shifted and peritonitis occurred that lead to Mrs O’Malley’s death.

A €68,000 settlement was approved in the case and, in a statement made public afterwards, the family confirmed that the submitted the legal action “to highlight the deficiencies” in their mother’s care and because they did not want to see other patients suffer in the same way.