Widow claims husband's death was due to negligence

A LIMERICK man died following a brain haemorrhage six weeks after he was told he had viral flu, it was alleged in the High Court…

A LIMERICK man died following a brain haemorrhage six weeks after he was told he had viral flu, it was alleged in the High Court yesterday.

James Collins (42), a block layer, of Glenanaar Avenue, Woodview Park, Limerick, died on March 29th 1991.

Ms Carmel Collins (42), his widow, is claiming her husband died as a result of gross negligence and is suing the Mid Western Health Board and Dr Ray O'Connor, Kilbranish Drive, Woodview Park, Limerick. Both defendants deny Ms Collins's claims.

Mr Liam Gaynor SC, for Ms Collins, said that on February 20th 1991, Mr Collins stopped work with an extremely severe headache and appeared somewhat confused. He visited Dr O'Connor. It appeared he came to the conclusion Mr Collins had an upper respiratory tract infection. This appeared to be an extraordinary diagnosis because Mr Collins had none of the known symptoms of flu.

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The court would be told a history of sudden onset of headache was something that required investigation at least. He was not saying Dr O'Connor ought there and then to have diagnosed what out to be an aneurysm that had bled. But he should have had regard to the fact there was something that required investigation.

Mr Collins was told to go home and rest for three days. On February 23rd, Ms Collins rang Dr O'Connor and complained her husband still had bad headaches. There would be evidence that Dr O'Connor said there was nothing to worry about and it might take further time to recover.

On February 25th, Dr O'Connor again diagnosed viral flu and said it could take up to eight days. He decided he should have a cholesterol test.

Mr Collins, having been told again it was flu, went to work the following morning. He stayed only a couple of hours. Ms Collins was told by Dr O'Connor the cholesterol test was normal. She said her husband still had headaches, pain and numbness at the back of the neck.

Between March 5th and 15th, Mr Collins continued to work on and off. On March 16th, Ms Collins rang for Dr O'Connor but he was off duty. She called her own GP, Dr Maurice O'Brien, who diagnosed he was not suffering from viral flu. He decided Mr Collins required investigation. Dr O Brien sought to have a CT scan done.

At first, he found it almost impossible to get an appointment with a consultant. On March 20th Ms Collins received a letter for an appointment on April 2nd. She realised this was too late. Mr Gaynor said Dr O'Brien phoned the hospital at Dooradoyle on March 20th. He stressed he wanted Mr Collins admitted.

Mr Gaynor said Mr Collins arrived at the casualty department at 5.10 pm. He was put on a stretcher and apparently was not taken to a ward. Ninety minutes later Ms Collins got a phone call from her husband saying he had, been discharged. No consultant had been called and there was no serious investigation. A nurse told her Mr Collins should take some Anadin and come back to out patients.

Dr O'Brien was very surprised Mr Collins was let out when he had requested his admission for investigation.

Mr Collins went to work the following morning. He found he, could not cope and went home. Dr O'Brien was extremely concerned he should have a CT scan, that it was the only way to find out what was wrong. He believed, Mr Collins was an emergency case.

On March 22nd, Mrs Collins noticed her husband to be cold on, one side, agitated and not making much sense. He was taken to the Regional Hospital, Limerick. At 4 a.m., someone made a decision to perform a lumbar puncture which the court would be told was lethal. Experts would say it was contra indicated where there were suspected head problems to undertake a lumbar puncture and only if a CT scan was normal should the procedure be undertaken.

At 9 a.m. a consultant ordered a CT scan and saw there was an aneurysm. Mr Collins was transferred to Cork Regional Hospital where he arrived in an unconscious state. Ms Collins was informed nothing could be done. Her husband was put on a life support machine and declared brain dead. He died on March 27th.

Mr Marks, a consultant who was attached to the Cork hospital, would say that the evidence would suggest Mr Collins suffered a bleed on February 20th and recovered from it in a sense that he had not suffered brain damage or suffered in a physical way.

The hearing, before Mr Justice Johnson, continues today.