A couple aged in their 90s will be able to move back in together after the High Court approved a settlement worth more than €800,000 in a case against the HSE over the assessment and treatment of a hip injury.
Bridget Hegarty (94) has not been back home since she fell and broke her hip in October 2015 at her home in Glenties, Co Donegal.
She later had a hip operation in hospital and has been cared for in a nursing home as her family home was “totally unsuitable” for her needs, her counsel Gabriel Gavigan said.
Her dream was to return to live with her 98-year-old husband John, Mr Gavigan said. The couple have been married for 73 years and have four children.
When she was admitted to Letterkenny General Hospital after her fall, experts on her side contended her hip could have been fixed and she had an 80 per cent chance of returning to her former life. Her case was that due to alleged negligence in her treatment, she now has no hip joint and cannot walk.
Mr Gavigan said Mr Hegarty wants to be reunited with his spouse and the settlement against the HSE allows for his wife to be cared for on an ongoing basis at a house provided by Tom Gildea, a former TD who is her son-in-law.
Mrs Hegarty, of Meenalargan, Glenties, through her daughter Eilish Gildea, sued the HSE over her care at Letterkenny General Hospital when she was brought there after a fall at her home on October 24th, 2015.
Inadequate
It was claimed Mrs Hegarty’s right hip injury was incorrectly, inadequately and inappropriately investigated, assessed, evaluated, clinically managed and treated.
It was alleged bone cement used in the operation had unexpectedly hardened when inserted and further attempts to remove the hardened cement allegedly caused a further extensive fracture, splitting the femur so further surgical interventions were not possible and Mrs Hegarty has been left with no hip joint at all.
The claims were denied.
Mr Gavigan said, before the fall, Mrs Hegarty was living independently at her home with her husband and used a zimmer frame to get about.
He said Tom Gildea has provided a former holiday home which can be adapted to the needs of his in-laws and the settlement also includes annual sums for ongoing care of Mrs Hegarty.
The Gildeas had not claimed for past care and the total value of the settlement package was between €825,000 to €850,000.
Approving the settlement, Mr Justice Kevin Cross said it was a very good one and he wished the family all the best for the future.