The High Court in Dublin yesterday approved a settlement of £750,000 damages for a woman after legal action against a hospital over its alleged negligence in treating her.
The 66-year-old woman is now in a permanent vegetative state with no prospect of recovery after she suffered cardiac and respiratory arrest following admission to St Vincent's Hospital in Dublin with a throat complaint, the court heard.
It was alleged that Ms Kathleen Clarke, of Louvain, Ardilea, Clonskeagh, Dublin, was twice admitted to the hospital, in April and May 1997. On the second occasion - May 24th, 1997 - she was admitted with symptoms relating to her throat.
It was alleged the hospital had caused or permitted her to suffer and sustain respiratory and cardiac arrest and hypoxia. The hospital denied all the allegations.
Ms Clarke, it was claimed, will require one-to-one 24-hour nursing care for the rest of her life at a cost of up to £50,000 a year.
Mr Justice Morris approved the settlement in favour of Ms Clarke and struck out the proceedings between the parties.
He ordered that part of the award be paid to Ms Clarke's family to reimburse them for sums already paid out by them.
The balance of the money is to be paid into court pending an application to make Ms Clarke a ward of court.
The action for damages against the hospital alleging personal injury and medical negligence was taken on behalf of Ms Clarke by her daughter, Ms Tara Clarke, a secretary, of Queens, New York.
According to Dr Vera Keatings, a consultant respiratory physician at St Vincent's, Ms Clarke is now severely and irreparably brain-damaged with no foreseeable prospect of recovery and no possibility of her being capable of managing her affairs.
In the plaintiff's statement of claim, it was alleged the hospital failed to take a proper and complete history from Ms Clarke on her admission; made an incorrect diagnosis of quinsy (inflammation of the throat); failed to record her complaint of being unable to swallow; and failed to inquire into or record any recent exposure by Ms Clarke to noxious fumes or potential allergens, including toxic weed-killers.
Having noted her throat was 70 to 80 per cent obstructed, it was alleged the hospital authorities failed to diagnose that she had a potential airway problem; failed to seek advice from a senior doctor in the Accident and Emergency Department; and failed to alert the anaesthetic team on call.