Musician in coma four years after surgery gets €550,000 settlement

A talented musician who had surgery for cancer at St James's Hospital in Dublin, later developed early sepsis, suffered a heart attack and remains in a coma more than four years later has secured €550,000 under a settlement of his High Court action.

Mr Justice Kevin Cross was told Robert Bolton (71) cannot speak or communicate and has no reaction to the presence of family members.

His wife Angela, who blogs about their life since her husband went into a coma, welcomed the settlement but said nothing would compensate for his condition.

“Thirty years being with the same man and I go home on my own. Nothing really compensates for that but we’ve done our best,” she said.

“All we wanted to find out was what happened and I think we found that out as much as we could. Robert was an incredible gentleman. A musician for life, a bass player, he got his degree from Trinity as a mature student. He was an incredibly fit, well person and the apple of my eye and he’s been an inspiration to me all these years. The one who kept me going. He’s an incredible man.”

Through his wife Angela Bolton, Aungier Street, Dublin, Mr Bolton sued St James's Hospital, Dublin, for alleged negligence arising from his treatment in October 2011 when he underwent surgery to the oesophagus. He was later transferred to the intensive care unit where it was claimed he deteriorated over 24 hours.

His counsel Desmond O’Neill SC said Mr Bolton developed respiratory failure and early sepsis and had a heart attack on October 4th, 2011. He suffered a hypoxic ischaemic brain injury and has been in a coma since.

It was claimed there was failure to have regard to the fact, from the morning of October 4th, Mr Bolton’s condition met the generally accepted criteria for a systemic inflammatory response and sepsis. There was failure to have regard to the fact Mr Bolton was developing early sepsis related organ failures, it was also alleged.

The claims were denied by the defendant but the court heard there was a partial admission of liability in relation to a certain aspect of the case.

Approving the settlement, Mr Justice Cross said it was a good one and Mrs Bolton could be happy in the knowledge the best possible arrangement had been made on behalf of Mr Bolton.

Outside court, solicitor David O Malley, for the couple,said no ruling could ever address the emotionally repugnant state Mr Bolton had been left in.

Mr Bolton had lost the one thing he cherished most, his power of expression, the solicitor said. However, the hard work and courage of his wife and family had given Mr Bolton a voice to determine what happened to him.

The family also had the small comfort of knowing his care had been provided for, Mr O’Malley added.