A woman who allegedly fell in a toilet cubicle of Beaumont Hospital a day and a half after brain surgery has settled a High Court action for €2 million.
The High Court heard Jacinta Flood (57) was recovering from surgery for a benign brain tumour at the Dublin hospital in May 2019 when, it was claimed, she allegedly suffered injuries in the unwitnessed fall.
John Healy SC, appearing with Doireann O’Mahony BL for the woman, and instructed by Callan Tansey solicitors, told the court that while nursing supervision of Ms Flood had been directed after the surgery, it was their case that at the time of the fall, two nurses were allegedly outside the toilet cubicle.
The court was told that there was no criticism of the surgery carried out at Beaumont Hospital.
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Counsel said it was their case that after the fall, Ms Flood suffered a severe and sudden deterioration and was rushed to theatre for emergency brain surgery.
Mr Healy said there were profound changes in Ms Flood’s cognition, personality and mobility, and she now requires constant supervision.
He said she has right-sided weakness, is at risk of falling and has severe impaired memory.
The settlement, which was reached after mediation, is without an admission of liability and counsel said a full defence was put forward in the case.
All of the claims were denied and the hospital contended that Ms Flood was closely monitored.
Counsel said the case involved “multiple risks”. He said there was no criticism of the brain surgery or the supervision after but solely during the time Ms Flood was in the toilet cubicle.
Outside court, Ms Flood’s daughter Rachel said her mother was an amazing woman and her personality has now changed, and she forgets everything and needs 24-hour care. She said the settlement would make it easier on the family.
Ms Flood, of Letterkenny, Co Donegal, had through her husband Cathal Flood sued Beaumont Hospital.
Ms Flood, who two years earlier had developed epilepsy, was transferred to Beaumont Hospital on May 16th, 2019. She had an uncomplicated craniotomy and surgery for the benign tumour.
In the proceedings it was claimed that alleged substandard care had been provided to Ms Flood and there was an alleged failure to put in place any or any adequate plan of management for Ms Flood after her surgery.
It was also claimed there was an alleged failure to provide any or any adequate supervision of Ms Flood despite the fact that she was at risk of a fall.
It was contended that if Ms Flood had undergone the initial brain surgery and had not fallen and allegedly struck her head, she would have made a complete physical recovery.
She might have been left with some mild memory disturbance but otherwise her life would have been back to normal, though she would have remained liable to epileptic fits, it was contended.
All of the claims were denied.
Approving the settlement, Mr Justice Paul Coffey said it was clear that every aspect of the case would have been contested if it had gone to a full hearing. He said the settlement was fair and reasonable.
Addressing Ms Flood’s family, who were in court, he said he wanted to wish her all the best for the future.
