Dearbhla O’Hanlon of O’Reilly Stewart Solicitors secures substantial six figure award for the family of a Deceased person following a traumatic Road Traffic Accident.
The circumstances of the Deceased’s death were the subject of an Inquest and, thereafter, Civil Proceedings flowed as a consequence of the Inquest findings against the other driver in the Road Traffic Accident. Dearbhla O’Hanlon was instructed to act on behalf of the family of the Deceased.
In summary, the Deceased sustained minor injuries in a Road Traffic Accident and was prescribed Naproxen by their General Practitioner in association with those injuries. The Deceased had been prescribed this medication on another occasion, years prior to the incident, without issue, however following the Road Traffic Accident the Deceased took a severe allergic reaction to the medication requiring attendance at a local Northern Ireland Hospital. The Deceased was admitted for airway management owing to the swelling they sustained as a consequence of the allergic reaction. Due to the nature and severity of the allergic reaction, the Deceased required specialist management of their airway to include a tracheostomy tube to assist with breathing. The procedure to insert the tracheostomy tube was described by clinicians to have been very difficult.
Following insertion of the tracheostomy tube, there was an unexplained cuff leak, requiring a change of tracheostomy tube later in the day. The procedure proved to be extremely difficult and the airway became compromised. Despite intensive intervention from multiple surgeons and anaesthetists, satisfactory ventilation could not be achieved. The Deceased’s condition deteriorated and they sustained a cardiac arrest and a brain injury due to lack of oxygen.
An Inquest proceeded into the Deceased’s death and we heard evidence from a number of clinicians who attended with the Deceased who described difficulties with trying to secure the airway. The Coroner found that ventilation difficulties were not due to a misplaced tube, rather that the ventilation problem was caused by an obstruction which was located at the distal end of the tracheostomy tube.
The Coroner at Inquest did identify that some aspects of the communication between clinicians in Hospital were insufficient and inadequate, however the Coroner did not find that the Hospital’s involvement contributed to the Deceased’s death. As such, proceedings commenced against the other driver in the Road Traffic Accident on the basis that had it not been for the accident, the Deceased would not have had to be prescribed the medication, sustained the allergy or had to go to Hospital for airway management to begin with.
The Defendant admitted liability for the Road Traffic Accident in the course of High Court Proceedings. This was a protracted case between the Inquest and Civil Proceedings spanning 10 years since the date of the Deceased’s death. The case was listed for trial and negotiations took place between the parties on the morning of the trial. An offer of settlement was made on the day of trial which was accepted by the Deceased’s family. Therefore, the trial was not needed as settlement had been achieved.
At the successful conclusion of this case, the family of the Deceased have been awarded a substantial six figure sum in the claim brought on behalf of the Deceased’s Estate. The award is for personal injury, loss and damage sustained by the Deceased prior to their death, as well as the financial loss sustained by the family as a consequence of that death, to include funeral expenses. The Deceased contributed financially to the household and wider family, as well as giving the services of a spouse, parent and grandparent to the wider family – all of these elements of loss formed part of the claim and for which the family have now been compensated.
Commenting on the outcome, the family have said, “There has been a positive, co-operative working relationship with the Solicitor and team. I would like to pass on our thanks and appreciation for all that has occurred over the past 10 years and we are pleased with the outcome. An exemplary level of service, responsive and unwavering in their commitment to our case. A truly outstanding job by Dearbhla and the team at O’Reilly Stewart”.
