A mother-of-14 who had surgery for a twisted knee collapsed and died four weeks later after developing a blood clot, the High Court has heard.
Bernadette Phelan’s husband and family on Tuesday settled a High Court action over her death.
The case was settled after mediation and is without an admission of liability.
The family’s counsel, Jeremy Maher SC, instructed by Cian O’Carroll solicitors, told the court it was a truly tragic case where Mrs Phelan, who had a background history of deep vein thrombosis (DVT), had a routine surgical procedure but died weeks later.
Counsel said it was a source of great disappointment to the Phelan family that it was not possible to get an apology in the matter.
He said it was their case that, because of the risk factors, Mrs Phelan should have been continued on anti-coagulants and if they had been administered, she may not have got the blood clot.
Denis Phelan, of Tullogher, Mullinavat, Co Kilkenny had sued UMPC Whitfield Hospital Ltd, Waterford, along with consultant orthopedic surgeon Tadhg O’Sullivan and consultant anesthetist Ken Patterson, who both carried out a practice at Whitfield Hospital.
Bernadette Phelan was referred to the care of orthopedic surgeon Tadhg O’Sullivan on August 14th, 2019, as she had sustained a twisting injury to her right knee.
She had surgery on her knee on August 28th, 2019. It is claimed that following the surgery an anti-coagulant was given, but until her death, it is alleged no further anti-coagulant medication was prescribed or administered.
Mrs Phelan was discharged home after surgery, and she was on crutches and told to rest her knee.
She returned to the hospital the next day, August 29th, due to excessive pain in her right knee and was kept overnight in the hospital.
She remained unwell, and she was reviewed by Mr. O’Sullivan on September 19th, 2019, who noted she may in the long term need a knee replacement.
On September 26th, 2019, Mrs Phelan developed shortness of breath and mild chest pain and collapsed at home. She was taken to University Hospital Waterford by ambulance, where she died later.
It was claimed Mrs Phelan had been caused to develop a DVT in the aftermath of the August 28th surgical procedure and this ultimately caused her death.
It was further claimed there was an alleged failure to adequately assess and address Mrs Phelan’s risks of developing DVT in the aftermath of the surgery.
There was, it was maintained, an alleged failure to give any or any adequate consideration of Mrs Phelan’s previous history of DVT in assessing the risk.
All the claims were denied, and it was claimed by the defendants that care was exercised, and it was not appropriate to give further anti-coagulant.
Noting the settlement and the division of the €35,000 statutory mental distress payment, Ms Justice Leonie Reynolds offered her sincere condolences to Mr Phelan and the extended family.
By High Court reporters
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