Courts

HSE did not follow up free counselling offer for Eve Cleary’s family, High Court told

Limerick woman (21) collapsed and died hours after being discharged from UHL following treatment for leg injury

Barry Cleary and Melanie Sheehan Cleary, the parents of Eve Cleary, outside the Four Courts. Photograph: Collins Courts

Wed Jan 24 2024 - 20:05

The head of the HSE offered the family of Eve Cleary, who died hours after she was discharged from University Hospital Limerick (UHL), free private counselling but it never happened, the High Court has heard.

Melanie Sheehan Cleary, Eve Cleary’s mother, said they were delighted to receive the offer during a meeting with HSE chief executive Bernard Gloster on May 12th last, four years after Eve’s death, but nobody got back to the family about it.

Ms Sheehan Cleary also said a systems analysis review took place into Eve’s clinical care but the family was not asked to participate.

Simon Mills SC, for the HSE, cross-examining on the fifth day of the Cleary family’s action against the HSE over Eve’s death, put it to Ms Sheehan Cleary that a systems analysis review concluded there had not been failings.

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“Eve’s family were never interviewed. They did not have all the facts to review anything,” she replied.

It is claimed that Eve Cleary (21), from Corbally, Co Limerick, was allegedly allowed to develop a deep vein thrombosis, a blood clot in her vein, and that an opportunity had been missed at the hospital to put her on the anticoagulant Heparin on admission

Eve Cleary (21), from Corbally, Limerick, died in the early hours of July 21st, 2019, just over three hours after her discharge from UHL and two days after she fell and hurt her leg. She went to the UHL emergency department after the fall and spent 17 hours on a trolley in a corridor before getting a bed.

Ms Sheehan Cleary told Ms Justice Emily Egan “there is no cure for a broken heart” and the first 18 months after Eve collapsed and died “were horrific”.

She said she emailed Mr Gloster after he moved into his role in the Health Service Executive and his secretary made contact saying he wished to meet Ms Sheehan Cleary and her husband, Barry. She said the private counselling offer was made at the meeting last May by Mr Gloster, who said the HSE would pay for it.

An independent examination into the death of Eve Cleary was announced by Mr Gloster soon after the meeting and Ms Sheehan Cleary said in court that she was told she was not allowed to contact Mr Gloster personally during the process.

Dr John O’Mahony SC, for the family, with Doireann O’Mahony, put it to Ms Sheehan Cleary that she was “barred from further communication”.

“While the investigation was taking place, I could not contact him,” she replied.

Asked if Mr Gloster had indicated any solution they could seek if the HSE did not get back to them about counselling, she said he had not.

“We were delighted to be offered it and we were disappointed,” she said.

Mrs Cleary told the court she was told the independent examination was halted last October because Dr Gerry Burke, who was chief clinical director of the UL Hospitals Group at the time of Eve’s death but has since retired, could not be contacted.

Asked by Dr O’ Mahony what she thought of this, Ms Sheehan Cleary said she found it “extraordinary” and “ridiculous”.

Eve’s parents, her sisters Kate, Elizabeth, Sarah and Emma, and her brother Sean, all of Corbally, Co Limerick, have sued the HSE over her death and also for mental distress.

It is claimed that Eve was allegedly allowed to develop a deep vein thrombosis, a blood clot in her vein, and that an opportunity had been missed at the hospital to put her on the anticoagulant Heparin on admission.

The HSE accepts a formal risk assessment concerning blood clots was not done but has denied all other claims. The HSE, the court heard, does not accept the failure to carry out the risk assessment was a breach of duty.

At the start of Ms Sheehan Cleary’s cross-examination, Mr Mills said he wanted to repeat how sorry he, the HSE’s legal team and staff at UHL were that Eve had died.

He referred to a July 31st, 2019, meeting between the Clearys and Dr Burke and other hospital representatives, 10 days after Eve’s death. Ms Sheehan Cleary claims Dr Burke was crying and said Eve was failed from the minute she walked in the hospital’s door and that he apologised on behalf of UHL for Eve’s death.

Counsel said Dr Burke was not in a position to apologise if there had not been an investigation and that Dr Burke saying sorry was doing so “in a sense of sorry for your loss”.

Mrs Cleary replied that what Dr Burke said “he said on behalf of UHL”.

At the conclusion of the day’s hearing, the judge urged the parties to “engage”.

The case continues.

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