A Dublin woman who brought a High Court action for damages arising from the loss of her kidney settled her action yesterday.
Ms Dymphna Brady (44), Whitebrook Park, Tallaght, Dublin, brought her claim against St Vincent's Hospital, Dublin, and Mr Daniel Kelly, a consultant urologist. In settlement of the case yesterday, Ms Brady withdrew all allegations against Mr Kelly.
She had claimed Mr Kelly operated on her on February 3rd, 1987, to remove a kidney stone from her right kidney. Subsequently she suffered an infection, and in June 1987 the kidney was removed.
The hospital and Mr Kelly had denied negligence. They claimed her action failed because she signed herself out of the hospital, against Mr Kelly's advice, some days after the initial operation.
The court had been told that Ms Brady was making no personal criticism of Mr Kelly in relation to the operation but would argue that he was responsible for other medical staff who saw her following the operation.
During the second day of the hearing Mr Pádraig McCartan SC, for Ms Brady, told the president of the High Court, Mr Justice Finnegan, that the action had been "compromised" and could be struck out.
Mr McCartan said Ms Brady withdrew all allegations against Mr Kelly.
Mr Justice Finnegan said it was quite proper that what had been said by Mr McCartan about Mr Kelly should be said. It was quite clear there were no personal allegations against him. It was unfortunate Mr Kelly had to suffer in this way and he was pleased that the position had been made clear.