High Court apology for ‘deficiencies’ in care to pensioner who died at Kerry hospital

Family of 74–year–old Helen Fitzgerald, from Tralee, settles case

Sisters Maria Byrne (left), Yvonne Knott and Alison Fitzgerald who settled an action against the HSE over the death of their mother Helen Fitzgerald in University Hospital Kerry. Photograph: Collins Courts.
Sisters Maria Byrne (left), Yvonne Knott and Alison Fitzgerald who settled an action against the HSE over the death of their mother Helen Fitzgerald in University Hospital Kerry. Photograph: Collins Courts.

University Hospital Kerry (UHK) has apologised in the High Court for “deficiencies in the standard of care” provided to a 74-year-old woman who died at the hospital almost seven years ago.

Mother and grandmother Helen Fitzgerald, from Tralee, Co Kerry, developed stomach pain on April 10th, 2018, and was later found to have an infection and kidney failure. Ms Fitzgerald’s condition deteriorated, and she died in hospital on June 2nd, 2018.

A High Court claim brought by her daughter on behalf of her family alleged there was a failure to bring her medical conditions under control or to treat them in a timely manner.

The family’s senior counsel, David Sutton, told the court the case has settled and a letter of apology from UHK general manager Mary Fitzgerald could be read to the court.

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In the letter to the family, the hospital said: “We acknowledge and apologise unreservedly to you and your family for the deficiencies in the standard of care provided to your mother and the ongoing distress and suffering this has caused.”

The hospital said it “strives at all times to optimise patient care” and will continue to ensure best practice is “at the forefront” of its clinical service to all patients.

Outside court, Ms Fitzgerald’s daughter, Maria Byrne, warned other families to be vigilant and to “question everything when they have a loved one in hospital”.

Ms Fitzgerald had been “optimistic and looking forwarding to starting a new chapter” in a nursing home, said Ms Byrne.

Another of Ms Fitzgerald’s daughters, Alison Fitzgerald, of Lixnaw, Co Kerry, had sued the Health Service Executive on behalf of the family over the death of their mother.

The case alleged Ms Fitzgerald developed stomach pains and, on April 18th, 2018, was diagnosed with a urinary tract infection and prescribed antibiotics. It was claimed she suffered ongoing stomach pain and was referred for a scan.

Five days later she was given IV fluids and prescribed more antibiotics as she had further ongoing stomach pain.

Blood tests indicated an infection and she was placed in isolation.

The case alleged that blood tests at the end of May showed kidney failure.

The family contended that Ms Fitzgerald should have received IV fluids immediately. Her condition deteriorated.

On June 2nd, she was transferred to the emergency department, where she received IV fluids but later died.

The case alleged she was provided with substandard care and there was a failure to transfer her to an intensive care unit.

Noting the settlement and division of the €35,000 statutory mental distress payment, Mr Justice Paul Coffey extended sympathies to the Fitzgerald family.