Claims News

High Court Awards Compensation for a Familys Loss

Posted on: October 13th, 2012

The High Court has awarded 850,000 Euros compensation to the family of Evelyn Flanagan, who died in tragic circumstances after giving birth to her second child at Mayo General Hospital.

The court heard how Evelyn (38) from Castlebar, County Mayo, had given birth to her daughter Niamh in October 2007 when her condition suddenly deteriorated due to complications. Staff at the Mayo General Hospital were unable to save her life and a post-mortem shortly after suggested that Evelyn´s death was due an amniotic fluid embolism.

Evelyn´s husband – Padraic – refuted the suggested, and claimed that Evelyn had died due to a postpartum haemorrhage that was the result of a rupture of her uterus which was not detected or adequately dealt with – a claim supported by the findings of an inquest into Evelyn´s death which returned a verdict of death by medical misadventure.

Padraic Flanagan made a claim for compensation against the Mayo General Hospital and Dr Murtada Mohamed, who had been the consultant obstetrician at the delivery. Both parties initially denied their liability for Evelyn´s death but, as Mr Justice Michael Peart was told at the High Court, representatives of the Mayo general Hospital admitted during pre-trial medication that Evelyn´s death could have been avoided.

After hearing the full circumstances of Evelyn´s death, the judge awarded the family 850,000 Euros in compensation for their loss, which included compensation settlements for the two children and the maximum allowable 25,395 Euros for mental distress. The Health Service Executive was also ordered to pay Padraic Flanagan´s legal costs.