Woman settles case over death of husband (45) after elective medical procedure

The widow of a 45-year-old Co Meath man who died days after undergoing an elective medical procedure to treat his cancer at a Dublin Hospital has settled High Court actions brought over the standard of care he allegedly received.

Susan Lundy sued St Vincent’s Hospital in Dublin for nervous shock she suffered and over the fatal injuries Sean Lundy allegedly sustained while he was a patient there in May 2017. She alleged the hospital was negligent towards Mr Lundy and in breach of the duty of care it had for him.

His treatment at the hospital fell “far below the standard of care that should have been made available to him” and had resulted in Mr Lundy’s death, it was claimed.

The claims were denied and the settlement was made on confidential terms without an admission of liability.

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Mental distress

However, one aspect of the claim - the statutory payment of a solatium of €35,000 to Ms Lundy - had to be formally approved by the High Court. This payment is to be used for benefit of the plaintiff and the couple’s three children and is for the mental distress suffered by the family.

Ms Lundy’s counsel, Barney Quirke SC, with Esther Earley BL, instructed by O’Brien Murphy Solicitors, said that on May 10th, 2017, Mr Lundy underwent a “whipple” procedure, which treats a malignant bile duct stricture.

Following his surgery, it was claimed, he became very ill and went into shock caused by internal bleeding, and he underwent further surgery. It was claimed that after the emergency surgery he was placed in the intensive care unit.

After two days, Mr Lundy was moved out of intensive care because the bed in that unit was required for another patient, it was claimed. It is alleged that following his transfer to another unit in the hospital Mr Lundy was given food orally.

Respiratory problems

However, this allegedly caused him to vomit and accidently breathe some food into his lungs, resulting in him developing severe respiratory problems. He died on May 15th, 2017, five days after undergoing the procedure.

Among the allegations made against the hospital was that the defendant failed to carry out the surgical procedure in a competent manner and failed to carry out proper assessments of his condition after he underwent the operation.

The defendant had also allegedly failed to keep Mr Lundy in the intensive care unit following his emergency follow-up surgery and had transferred him when his condition required him to be kept in the unit.

He should not have been fed orally in the post-operative unit he was moved to and he was allowed to develop respiratory problems, which were allegedly not properly monitored, it was further claimed. St Vincent’s denied all the claims against it.

The payment was approved by Mr Justice Paul Coffey who, after formally striking out the claims, extended his sympathies to Ms Lundy and her family.