Woman awarded €500,000 after partner dies following operation

A woman whose partner died at the Mercy University Hospital, Cork, after an operation has been awarded some €500,000 damages by the High Court.

Mr Justice Anthony Barr said Geraldine Barry was subjected to a very traumatic event relating to the negligent care of her partner Christopher Sayer by Mercy University Hospital which caused her to suffer post-traumatic stress disorder and a prolonged depressive disorder.

He assessed damages for nervous shock at €289,414, plus €210,648 under her fatal accident claim.

Ms Barry, Lakemarsh, Church Cross, Skibberreen, Co Cork, had sued the hospital over the post operative care of her partner Chris Sayer (70), who died in April 2010 from septic shock.

Mr Sayer, a jazz musician who suffered from cancer, had a colon operation at the Mercy Hospital on March 11th, 2010. He became unwell on the evening of March 15th, 2010, developed septic shock due to a leak and had further surgery on March 17th, 2010.

It was claimed staff at the hospital did not act with due expedition in diagnosing and treating the leak.

Over the following weeks, his condition did not improve and he died on April 19th, 2010.

The hospital admitted liability in relation to Mr Sayer’s post-operative care on March 16th and March 17th, 2010 and the case was before Mr Justice Barr for assessment of damages only.

During the hearing, the hospital offered sincere condolences to Ms Barry and apologised for the distress caused.

In evidence during the case, Ms Barry wept while telling the judge of the impact of the loss of her partner. “One of the great pleasures in my life was to come home to him. I am devastated that I can’t do that anymore.”

In his judgment, Mr Justice Barr said Ms Barry suffered an extremely traumatic event in connection with the death of her partner. This caused her to suffer PTSD, depression and a prolonged and complex grief reaction, he said.

He was satisfied she has suffered “significant psychiatric injury” since March 2010 to now and continues to have distressing symptoms on a daily basis. She continues to suffer panic attacks with sweating, raised heartbeat and a feeling “everything is catastrophic”. She feels lonely and sad at the loss of her partner and it will take some more years for these symptoms to abate, he found.

The judge found Ms Barry had given a truthful account in relation to how this had affected her work and social aspects of her life.

He accepted, due to her continuing symptoms, she was unable to cope with the demands of her work as a receptionist in a dental practice and it was reasonable to give up her job in 2014.

He accepted expert medical evidence that, given her improvement to date and having regard to her level of intelligence and educational qualifications, she will be fit for work in the future. He considered she would remain unfit for work for a further two years when she will probably begin with part time work.

He accepted Mr Sayer did all the repair and maintenance work around the house, all the general housework and looked after the garden. He further allowed Ms Barry’s claim for reimbursement of €76,000 inheritance tax paid when she inherited Mr Sayer’s home on his death. He accepted Ms Barry’s evidence she and Mr Sayer had planned to marry which would have meant she would not have to pay inheritance tax.

“I have no doubt that if Mr Sayer had not died in April 2010, he would have gone on to marry Ms Barry,” the judge said.