A retired college lecturer who is wheelchair bound after suffering brain damage and other complications allegedly from a procedure to unblock his sinuses is to be paid €950,000 damages under a settlement approved by the High Court yesterday.
Emmett McElhatton's wife Margaret (Patricia), who told the court her husband had said occasionally that he wanted to die, is to receive €200,000, mainly for her care of him to date.
Mr McElhatton had been a lecturer in economics and business studies at Letterkenny Institute of Technology, Co Donegal, until his retirement in August 1999. He brought his action arising from a medical procedure carried out at St Joseph's Hospital, Sligo, on December 13th, 1999.
Mr McElhatton (71), Gortlee, Letterkenny, sued the hospital and Niall Considine, an ear, nose and throat consultant, at the hospital. Yesterday's settlement for a total of €1,150,000 and costs, was without admission of liability.
Solicitor Damien Tansey, for Mr McElhatton, said the claim was that his client had undergone a procedure to have his sinuses unblocked but that the cranal cavity was perforated, allowing air to enter that area.
In his statement of claim, Mr McElhatton said he was admitted to St Joseph's Hospital on December 12th, 1999, and underwent surgery the following day. On the evening of December 14th, 1999, he could not move his left side and was suffering a right-sided headache. There was paralysis of his left arm and leg. He was in severe pain and discomfort and was transferred to Sligo General Hospital.
During the early hours of December 15th, 1999, he went into a coma and was transferred to Beaumont Hospital, Dublin, by air ambulance. He underwent an operation there and was later transferred to the intensive care unit where he remained for about 10 weeks. Afterwards, he had extensive surgery.
On May 5th, 2000, he was discharged from Beaumont Hospital to Letterkenny General Hospital and was later transferred to a nursing home. His home was converted after occupational assessment and he returned home in mid-November 2000.
Senior counsel Gerard Clarke, for Mr McElhatton, said Mrs McElhatton was looking after her husband full time. Her claim for recompense was for her constant nursing care over the last five years. If all the care provided by her had come from outside, the figure would come to about €150,000. She had also suffered the loss of her consort.
Much of the settlement approved by Mr Justice Daniel Herbert in favour of Mr McElhatton is for structural modifications required to meet his needs at home.
In reply to the judge, Mrs McElhatton said she was happy with the settlement offer while Mr Clarke said he was recommending acceptance. An application will be made to the court later to have Mr McElhatton taken into wardship.
Outside court Mrs McElhatton said their lives had changed completely since the incident. She worked 24 hours a day, seven days a week, looking after her husband, who needed everything done for him. Before it, she and her husband had plans to travel and maybe even buy a house in Spain but "not any more". They just kept going from day to day. What had been a simple procedure "just turned into a nightmare".
Mr McElhatton's son, Julian, said his father had been "a character, full of puns and jokes, writing poetry and short stories". He had been "the life and soul of the party".