Woman sues Cork hospital over partner’s ‘awful’ death

A woman broke down in tears in the High Court as she told of her partner's death weeks after an operation at Cork's Mercy University Hospital.

Geraldine Barry said she was not told there was sepsis and the term septic shock was never used to her. She watched "an awful thing unfold" and there was nothing she could do, she said.

The hospital has admitted liability in the post-operative care of her partner Christopher Sayer after a colon operation and Mr Justice Anthony Barr has been asked to assess damages.

Ms Barry (44) Lakemarsh, Church Cross, Skibbereen, sued the hospital over the death of her partner, Chris Sayer (70), in April 2010.

Mr Sayer suffered from cancer and had a colon operation at the hospital on March 11th, 2010. He initially appeared to make a good recovery but became unwell on the evening of March 15th 2010, developed septic shock due to a leak and had further surgery on March 17th, 2010, the court heard. His condition did not improve and he died on April 19th, 2010.

It was claimed staff at the hospital failed to act with due expedition in diagnosing and treating the leak.

The hospital has admitted liability in relation to Mr Sayer’s post operative care on March 16th and March 17th, 2010.

Opening the case for Ms Barry, Liam Reidy SC said palliative care was far from sufficient in that Mr Sayer’s mouth became ulcerated. Had he been properly treated, there was a 77 per cent chance of being alive after five years, counsel said.

There were signs of developing sepsis and, if this had been dealt with, the second operation would have been successful and Mr Sayer would not have suffered cerebral damage, he added.

At one stage before Mr Sayer’s death, a doctor at the bedside asked if a post mortem was required and there was a lack of communication and insensitivity, counsel said.

Mr Reidy said Ms Barry broke down on the first anniversary of her partner’s death. She is now “profoundly lonely”, suffering from flashbacks and had to give up her job.

In evidence, Ms Barry said she met Mr Sayer, a retired antiques dealer and well-known jazz musician, in Cork in 2005. There was an age difference but “you know when something is for you.” He was a witty and handsome man, they enjoyed each other’s company and moved in together in June 2006.

Before he went to hospital, he signalled they would be getting married, she said.

“I had the best life could offer me. One of the great pleasures in my life was to come home to him. I am devastated that I can’t do that anymore.”

Mr Sayer became unwell in 2009 and had abdominal cramps, she said. He was referred for a colonoscopy in February 2010, told he had a tumour and had a colon operation at the Mercy University Hospital on March 10th.

When she visited him in hospital on March 15th, she was very concerned as he did not seem like somebody who was getting better. There was no thought in her mind he was going to die but the next day she saw a nurse and two doctors standing by his bed.

“Chris was in an extraordinary amount of distress. I had never seen anything like this. His eyes were going in his head. They were just standing there and a doctor patted him on the head and then walked past me.” She was told he was okay and just needed fluids, she said.

“He went from a very articulate man in the morning to this. He was losing consciousness. I never got to speak to him again.”

Ms Barry said she sat all night with him and nobody told her he was going to die. “There were a lot of things I wanted to say to him. Nobody seemed to notice, nobody seemed to be doing anything.

A night sister said he was a “little bit septic” but the term septic shock was never used to her, she said.

The case continues.