Parents fail in attempt to overturn inquest verdict

THE PARENTS of a 16-year-old boy who died at the Mater hospital in Dublin after 72 days in intensive care have lost their High Court bid to overturn a coroner’s verdict that the cause of death was a rare brain disorder due to an underlying condition.

Mirek Bingham also appeared to have MRSA at about the time he was admitted to intensive care, the court noted.

Mr Justice John Hedigan said one could imagine the emotional trauma endured by Bernard and Viola Bingham as they watched their son die over a three-month period. However, he rejected as “devoid of any substance or support whatever” the couple’s claims over the conduct by Dublin city coroner Dr Brian Farrell of the inquest into the death.

Among a series of claims, the Binghams alleged a failure to call witnesses who may have given an opinion that alleged delays in diagnosis and treatment of their son caused his death on New Year’s Eve 1999.

Mr Justice Hedigan, stressing the court’s jurisdiction was limited to determining if the inquest verdict was lawful, said this was a “careful” verdict “based squarely upon the evidence” and was “certainly rational” and lawful. Allegations of unfair procedures were “entirely without foundation” and all relevant witnesses were called.

There was “ample relevant evidence” before the coroner, including the report of an independent pathologist, upon which he could base his verdict that the cause of death was epilepsia partialis continua – a rare type of brain disorder in which a person experiences recurrent epileptic seizures – due to an underlying progressive neurological disorder.

Given a “problematic” relationship between Mirek’s parents and Mater staff, the coroner had “wisely” chosen an independent outside pathologist, Prof Michael Farrell (no relation to the coroner) to carry out the postmortem.