HSE apologises to widow who sued over paramedic’s death

The Health Service Executive (HSE) has apologised to the family of a paramedic who died after falling out of the side door of a moving ambulance on to the road. The family will also receive substantial damages.

The apology was read at the High Court under the settlement of an action by Catherine Sexton, widow of Simon Sexton, over his death in June 2010.

A father of six, Mr Sexton (43), Carricknashoke, Clifferna, Stradone, Co Cavan, died after he fell out the side door of an ambulance transporting a patient from Cavan to Dublin.

He was in the back of the ambulance when he heard the wind coming into the vehicle, indicating the door was not shut properly. When he put his hand on the lever, the door opened and “wrenched him out”, the court heard. He suffered serious head injuries and died shortly afterwards.

Three years ago, the HSE admitted various charges, and was fined €500,000 for health and safety breaches, as a result of the death.

On Tuesday, Ms Justice Bronagh O’Hanlon extended her sympathy to Mrs Sexton and her family when approving a settlement, believed to include a six-figure sum of damages, against the HSE.

‘Tragic accident’

As part of the apology Micheál Ó Scanaill SC, for the HSE, read an extract from a letter sent by the executive to Mrs Sexton in March 2013.

“This was a tragic accident that should not have occurred. All employees of the HSE are entitled to expect a safe system of work, without risk to their life or health,” the letter said.

“The HSE fell below that duty of care in respect of your husband and for this I sincerely apologise,” it said.

Counsel said the HSE hopes no other family has to go through a similar incident.

Mrs Sexton sued the HSE over her husband’s death and for nervous shock following the accident which happened on the N3 Cavan to Dublin Road on June 3rd 2010, about seven miles out of Cavan town. She claimed she has suffered from post-traumatic stress disorder since the accident.

Resuscitation

The High Court previously heard from Mr Sexton’s colleague, PJ Cahill, who last year settled his action over the accident.

Mr Cahill said he was driving the ambulance when he heard a thud. He looked in a mirror to see Mr Sexton hit the ground.

Mr Cahill told how he began resuscitation but Mr Sexton was pronounced dead some time after his arrival at Cavan General Hospital.

In the Circuit Court proceedings where the HSE was fined €500,000, the court heard safety breaches revolved around the presence of “suicide doors” on the side of the ambulance. These are doors with hinges at the rear, meaning they can get caught in the slipstream if opened while the ambulance is moving.

Since the 2010 incident, all ambulances have been altered to include front-facing hinges along with several other safety measures, the court heard.