High Court permits transfer of man in coma to hospital overseas

Dispute arose between hospital and HSE over arrangements around moving patient with severe brain injury

High Court president Mr Justice David Barniville described the case as 'difficult' and 'traumatic'.
High Court president Mr Justice David Barniville described the case as 'difficult' and 'traumatic'.

The High Court has granted orders permitting the transfer of a man in an induced coma to a specialist hospital in his home country in eastern Europe.

The man suffered a severe brain injury following an incident this year, and since then, has been receiving treatment at a hospital outside Dublin, the court heard on Tuesday.

High Court president Mr Justice David Barniville, who described the case as “difficult”, “traumatic” and “delicate”, granted orders allowing for the man’s repatriation following an urgent application moved by Robert Barron SC, appearing with barrister Peter Leonard and instructed by solicitor Anne-Marie Dermody for the man’s family.

Mr Justice Barniville said that as a result of support from his home country’s community in Ireland and his home country’s embassy, funds were raised to facilitate the man’s repatriation to the specialist hospital. The judge said it was hoped the man would receive ongoing care for his condition there.

The judge said that an apparent dispute arose between the HSE and the hospital where the man is being treated, relating to the man’s transfer arrangements. This gave rise to the application before the court.

However, following intense consultation, an arrangement between the parties was reached allowing for the man’s transfer to the specialist hospital, the judge said.

David Leahy SC, appearing for the HSE and hospital, described the man’s situation as a “very delicate clinical case”, and said the assistance of the hospital currently caring for the man would be required for his transfer to Dublin Airport. From there, his clinical care will be managed by a transfer team, he said.

The man will effectively be in intensive care while in transit, Mr Leahy said.

Mr Justice Barniville granted an order permitting the hospital to discharge the man as soon as possible and to facilitate his repatriation, as organised by his family and the embassy.

The judge commended the intense work done by the HSE and hospital in arranging for the transfer.

He said he would note that both parties were not objecting to his orders.

Mr Justice Barniville expressed sympathy with the man’s family members, some of whom were in court for the brief hearing.

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