Son secures €55,000 over his mother’s death

The son of a 77-year old woman who died after being put on medication for a bladder condition has settled his High Court action over her death for €55,000.

The settlement was made without admission of liability.

The man's mother, Sarah Scanlon, died on March 13th, 2009, from lung disease.

It was alleged that the disease was the result of the long-term use of prescribed medication in a patient who was known to have systemic lupus erythematosus.

Arising from his mother's death, Michael Scanlon, of Bray Head Terrace, Bray, Co Wicklow, had sued a GP, Conor O'Toole, of Slievemore Clinic, Old Dublin Road, Stillorgan, Co Dublin.

It was claimed Ms Scanlon attended with Dr O’Toole between September 2007 and January 2009 and had been prescribed Nitrofurantoin for her bladder condition.

It was claimed there was an alleged failure to take any reasonable care for Ms Scanlon in the course of her treatment.

Further allegations

The court also heard an allegation that the medication had been prescribed when Dr O’Toole knew or ought to have known it was likely to cause interstitial lung disease owing to the woman’s medical history and protracted use of the medication.

It was also alleged there was a failure to carry out regular tests on Ms Scanlon, including chest X-rays and pulmonary functions tests.

The claims were denied and the settlement was made without an admission of liability.

Dr John O’Mahony, for Mr Scanlon, said liability was at issue in the case and his side contended lung function tests should have been carried out.

Mrs Scanlon became weak in late 2008 and was taken off the prescribed medicine but she died in March 2009, he said.

Approving the settlement, Mr Justice Kevin Cross extended his sympathy to the Scanlon family on their loss.