Courts

Woman died after allegedly developing post-surgical blood clot

Family of Bernadette Phelan disappointed not to get an apology from UMPC Whitfield Hospital, counsel says

Bernadette Phelan’s husband and family on Tuesday settled a High Court action over her death. Photograph: Family handout
Tue Jul 30 2024 - 16:43

A woman developed a blood clot and collapsed and died four weeks after having surgery on a twisted knee, the High Court has heard.

The husband and family of Bernadette Phelan on Tuesday settled a High Court action over her death following mediation and without an admission of liability from the hospital.

The family’s senior counsel, Jeremy Maher, instructed by Cian O’Carroll solicitors, said Mrs Phelan, a mother of 14, who had a background history of deep vein thrombosis (DVT), had a routine surgical procedure but died soon afterwards.

Counsel said it was a source of great disappointment to the Phelan family that it was not possible to get an apology. He said it was their case that, because of the risk factors, Mrs Phelan should have been continued on anticoagulants and if they had been administered she may not have got a blood clot.

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Denis Phelan, of Tullogher, Mullinavat, Co Kilkenny, sued UMPC Whitfield Hospital Ltd, Waterford, consultant orthopaedic surgeon Tadhg O’Sullivan and consultant anaesthetist Ken Patterson, who both carried out a practice at Whitfield Hospital.

Mrs Phelan was referred to the care of Mr O’Sullivan on August 14th, 2019 as she had sustained a twisting injury to her right knee. She had surgery on the knee on August 28th, 2019.

It is claimed that following the surgery an anticoagulant was given, but until her death it is alleged no further anticoagulant medication was prescribed or administered. Mrs Phelan was discharged home after surgery and she was on crutches and told to rest her knee.

She returned to the hospital on August 29th due to excessive pain in the right knee and was kept there overnight. She remained unwell and she was reviewed by Mr O’Sullivan on September 19th, 2019, who noted that she may have needed a knee replacement in future.

On September 26th, 2019, Mrs Phelan developed shortness of breath and mild chest pain and collapsed at home. She was taken to University Hospital Waterford by ambulance and later died. It was claimed Mrs Phelan developed a DVT in the aftermath of the surgical procedure and this ultimately caused her death.

There was an alleged failure to adequately assess and address Mrs Phelan’s risks of developing DVT in the aftermath of the surgery. It was also claimed there was a failure to give any or any adequate consideration of Mrs Phelan’s previous history of DVT in assessing the risk.

All of the claims were denied and it was claimed by the defendants that care was exercised and it was not appropriate to give further anticoagulant.

Noting the settlement and the division of the €35,000 statutory mental distress payment, Ms Justice Leonie Reynolds offered her sincere condolences to Mr Phelan and the extended family.