Family settle action over father's death at Cork hospital during covid

She was speaking as the family of father-of-10 Michael McGowan, Dublin Hill, Cork City settled a legal action over his death due to heart failure in January 2021.

Ms Barry from Ballycotton, Cork, had on behalf of the extended family sued the hospital. The settlement against the Mercy University Hospital is without an admission of liability and the court heard a “full and robust” defence had been filed in the case.

In its defence, Mercy University Hospital maintained it would be unfair and unjust to impose liability upon the hospital in circumstances where in good faith, and acting pursuant to a public duty to maintain and protect public health and welfare in the context of the covid-19 pandemic, they were administrating the public health system in unprecedented circumstances.

It was also contended the pandemic led to an unprecedented interruption to normal healthcare activities, and outpatient services such as echocardiograms were severely impacted and were mainly carried out on inpatients.

However, the court heard that the McGowan side contended that the hospital continued to perform echocardiograms on an outpatient basis through the covid emergency and that a Freedom of Information request by the family’s solicitors Cantillons confirmed that 747 echocardiograms were performed on an outpatient basis at the hospital between March 2020 and January 13, 2021.

Ms Barry in court said the family had fought a legal battle for the last four years on the instructions of their late mother who, before she died “asked us to get justice for Daddy.” She said they had now come to the end of the legal road and they wanted others to learn from the case.

The family’s counsel, Elaine Morgan SC instructed by Cantillons Solicitors, told the court that the death of Mr McGowan who had gone to the hospital A&E with blood loss unrelated to his heart difficulties seven days earlier and was admitted was a “wholly unexpected and devastating blow for his family”. Counsel said it was compounded by the fact that it happened during the covid pandemic when the family had little access to their father.

'Perfect storm'

At issue in the case was the allegation over the ongoing care of Mr McGowan who had been diagnosed in 2013 with aortic stenosis which is a problem with a valve in the heart. Counsel said such a diagnosis required rigorous follow-up care, including echocardiograms, which test the heart.

Counsel said while Mr McGowan had the echocardiograms up to 2019, there was a “perfect storm” as regards care at Mercy University Hospital and an alleged failure to follow up with the pensioner on a routine basis. She said he had his last echocardiogram in 2019 and “tight surveillance with Mr McGowan to be seen every six months “ was recommended.

“Unfortunately that did not happen. He had no echocardiogram again before his death," counsel said.

She said 20 months after his 2019 echocardiogram, Mr McGowan was admitted to the Mercy Hospital on January 14, 2021, in relation to blood loss on an unrelated condition. It was their case, she said, this should have been a red flag for somebody with the valve problem. Mr McGowan died seven days later of cardiac arrest.

Counsel said the valve problem is progressive but can be rectified with surgery and an expert on their side would say a close eye should have been kept on the pensioner from 2019.

Counsel told the court the contention by the hospital in relation to the covid pandemic "does not in our view stack up." She said the “covid line“ was the cause of some upset for the family.

Mr Justice O'Connor noted the settlement.