logo
Family ask Attorney General to direct inquest into death of mother (54) as they settle action against HSE

Family ask Attorney General to direct inquest into death of mother (54) as they settle action against HSE

BreakingNews.ie20-05-2025
The family of a woman who, it was alleged, was prescribed an excessive dose of blood-thinning medication at University Hospital Waterford and later died has asked the Attorney General to direct that an inquest take place into her death.
The call came as Esther Flynn's grieving husband settled a High Court action against the HSE over her death three years ago.
Advertisement
Esther Flynn, the family's counsel, Aidan Walsh SC, told the court was only 54 years of age at the time of her death.
Counsel said it was their case that Ms Flynn's death was 'totally unnecessary', and it involved the alleged over-prescribing of an anti-coagulant blood-thinning medication.
Counsel said Ms Flynn suffered a brain haemorrhage and died on May 26th, 2022. The claims were denied, and the settlement, which was reached after mediation, is without an admission of liability.
Mr Walsh said the fact that there was no apology forthcoming caused great upset to the Flynn family. He said the family's solicitor had asked for an 'open disclosure meeting and was 'effectively ignored.'
Advertisement
In the proceedings, it was claimed that Ms Flynn had been prescribed an excessive dose of blood-thinning medication and there was an alleged failure to prescribe the woman with a correct dose of the drug in accordance with her weight.
Outside court, the family solicitor, John Whelan of Whelan Law, said the family has made an application to the Attorney General under the Coroners Act, seeking an inquest based on available medical evidence, including new expert reports from a consultant physician and a consultant haematologist.
He said while the family welcomed progress in their case through mediation, they are saddened that there is currently no legal mechanism for the court to require an apology 'even in cases where the emotional and human need for one is clear".
'They hope this case will serve as a reminder of the importance of patient safety, full disclosures and dignity for families. They also hope that this will not happen again to another family,' he said.
Advertisement
He said Ms Flynn was a devoted wife, mother, grandmother, sister and daughter to a close and loving family. Her family, he said, remains deeply distressed by the absence of 'any meaningful explanation or acknowledgement from the hospital since her passing.'
Joe Flynn of New Ross, Co Wexford, had sued the HSE over the death of his wife.
Esther Flynn had been admitted to University Hospital Waterford on April 29th, 2022, following a seizure and facial droop.
She had a CT scan and an MRI scan of her brain and which were noted as unremarkable, but investigations revealed lymphoma. She was discharged on May 16th, but was readmitted two days later due to her health condition.
Advertisement
On May 22nd, 2022, it was noted that she had not been commenced on blood thinning medication since her admission, but due to her immobility and previous deep vein thrombosis in the past, a decision was made that she was at high risk of a pulmonary embolism.
A prescription was decided upon, and on May 24th, she had a reduced level of consciousness, and a CT scan showed an acute intracranial bleed. Her condition deteriorated, and she died on May 26th.
In the proceedings, it was claimed that Ms Flynn had been prescribed an incorrect dosage of the blood-thinning medication and was allegedly prescribed an excessive dose.
It was further alleged that Ms Flynn had not been weighed, and an alleged unsubstantiated prescription of the drug had been based on an estimate of her weight.
All of the claims were denied.
Noting the settlement and the division of the €35,000 statutory mental distress payment, Mr Justice Paul Coffey conveyed his deepest sympathy to the family.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Scots care home fined £50,000 after dementia patient found dead in car park
Scots care home fined £50,000 after dementia patient found dead in car park

Daily Record

time2 hours ago

  • Daily Record

Scots care home fined £50,000 after dementia patient found dead in car park

Resident Hugh Kearins left the care home in Glasgow in the early hours of the morning of Boxing Day. A Scots care home provider has been fined more than £50,000 after a resident with dementia was found dead in its car park on Boxing Day. ‌ Hugh Kearins, 77, had been living at the Chester Park Care Home in Kinning Park, Glasgow, since 2012 when the tragedy occurred in 2022. ‌ He is believed to have left via a series of stairways and fire doors just before 1am. His body was discovered in the home's car park at around 7am. ‌ Staff who failed to realise he was no longer in the building were later found to have falsified records stating they had carried out tasks with him. An investigation into Glasgow-based Oakminster Healthcare Limited, by the Health and Safety Executive (HSE), found it took 320 steps from his room to reach the car park just off Lambhill Street. It was also revealed that he needed to be checked or monitored every hour, due to it being extensively flagged in his records that he was at clear risk of absconding or "wandering". ‌ Images from the investigation show the fire exit he used to leave the building, as well as part of his likely exit route, which consisted of several internal gates and stairs. HSE was unable to obtain corroborated evidence of which person was the last to use the door prior to Mr Kearins. The same door was closed around an hour after he had left the building, by an unknown member of staff carrying out routine checks. ‌ It was confirmed by the care home manager that once the door was noted to be insecure, the member of staff should have initiated a head count of all of the residents to ensure their safety. However, this was not carried out. The investigation found the company had failed to have a safe system of work in place. HSE guidance states that the security of doors and gates should be considered where assessment identifies that specific residents leaving the premises will present a significant risk to their safety. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. ‌ It adds that in some instances it may be appropriate to consider devices that alert staff of their location and whether they are at risk of harm. A senior care assistant and a care assistant who had responsibility for Mr Kearins' care were also found to have falsified records, stating that they had performed tasks involving him at a time when he was in fact no longer in the home. Both were unaware he was no longer in his room until news of his death became known following the discovery of his body in the car park. ‌ Four individual errors were identified during the investigation: The unidentified member of staff who closed the internal fire door without further action; The fire alarm for the internal fire door which had been deactivated The unidentified member of staff who left the unalarmed external fire door insecure; and The actions of both the senior care assistant and the care assistant. ‌ Oakminster Healthcare Limited pleaded guilty to breaching the Health and Safety at Work etc. Act 1974. The company was fined £53,750 at Glasgow Sheriff Court on 23 July 2025. HM Inspector Amna Shah said: 'This incident was completely avoidable. 'It is hugely concerning that a vulnerable man was able to walk so far and through so many doors without being noticed. We counted he had walked more than 300 steps. 'The fact this incident happened at Christmas time makes it all the more tragic. We will always take action against those who fail in their responsibilities.'

Care home fined £50,000 after man with dementia dies in car park on Boxing Day
Care home fined £50,000 after man with dementia dies in car park on Boxing Day

STV News

time3 hours ago

  • STV News

Care home fined £50,000 after man with dementia dies in car park on Boxing Day

A care home has been fined more than £50,000 after a resident with dementia was found dead in its car park on Boxing Day. Hugh Kearins, a resident of Chester Park Care Home in Glasgow, was found outside just off Lambhill Street, in the freezing cold, at around 7am in December 2022. The Health and Safety Executive (HSE) said that the 77-year-old managed to leave the care home via a series of stairways and fire doors, with an inspector counting 320 steps from Mr Kearins' room to the car park. Oakminster Healthcare Limited admitted a health and safety breach at Glasgow Sheriff Court on July 23 and was fined £53,750. HSE via Supplied Inside Chester Park Care Home is made up of a series of internal gates and stairways. HSE via Supplied Kearins, who had dementia, had been living in a room within the Clyde Unit of the home since 2012. HSE's investigation found that the company had failed to install a safe system of work and that the incident was 'completely avoidable'. Once the door was noted to be insecure, it was confirmed by the care home manager that a member of staff should have initiated a head count of all residents to ensure their safety. This was not carried out. Mr Kearins' records extensively noted he was at risk of 'absconding or wandering' and it was part of his care plan that he be checked or monitored every hour. HSE via Supplied The white cross (bottom left corner) marks where Mr Kearin's body was found. HSE via Supplied The court heard that the failures of the alarm door reactivation would not have occurred if not for four individual errors, including the member of staff closing the internal fire door without further action, and the fire alarm for the internal fire door being deactivated. The incident was also blamed on the staff member's error in leaving the unalarmed external fire door insecure and the overall actions of both the senior care assistant and the care assistant. Both carers were subsequently dismissed from their employment following disciplinary interviews a few days later. HSE said they are subject to investigation by the Scottish Social Services Council. HM inspector Amna Shah said: 'This incident was completely avoidable. 'It is hugely concerning that a vulnerable man was able to walk so far and through so many doors without being noticed. 'We counted he had walked more than 300 steps. The fact this incident happened at Christmas time makes it all the more tragic. 'We will always take action against those who fail in their responsibilities.' Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country

Care home firm fined for 'completely avoidable' death of vulnerable patient
Care home firm fined for 'completely avoidable' death of vulnerable patient

Scotsman

time3 hours ago

  • Scotsman

Care home firm fined for 'completely avoidable' death of vulnerable patient

Pensioner's ability to leave home unnoticed 'hugely concerning' says watchdog Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... A care home provider has been fined more than £50,000 and criticised by the workplace health and safety watchdog for the 'completely avoidable' death of an elderly patient. Hugh Kearins, who had dementia, managed to leave the Chester Park Care Home in Glasgow via a series of stairways and fire doors, despite the care home's records showing a clear risk that he might abscond. Advertisement Hide Ad Advertisement Hide Ad The vulnerable 77 year-old was able to walk more than 300 steps from his room, passing through a series of internal gates and stairways, before making his way out a fire door to a car park, where his body was found at around 7am on Boxing Day 2022. An investigation by the Health and Safety Executive (HSE) found the company behind the care home had failed to have a safe system of work in place. Records held by the firm in relation to Mr Kearins extensively noted the potential for him to 'wander,' and his care plan specified that he be checked or monitored every hour. Hugh Kearins exited the care home via a fire door, marked by a red cross. His body was found in a nearby car park, marked by a white cross. Picture: HSE | HSE A senior care assistant and a care assistant who had responsibility for Mr Kearins' care were also found to have falsified records, stating that they had performed tasks involving him at a time when he was in fact no longer in the home. Both were unaware he was no longer in his room until news of his death became known following the discovery of his body just off the city's Lambhill Street. The HSE said it was unable to obtain corroborated evidence of who was last to use an internal fire door at the property prior to Mr Kearins, who is thought to have exited through it just before 1am. The same door was closed about an hour later by an unknown member of staff carrying out routine checks. Advertisement Hide Ad Advertisement Hide Ad It was confirmed by the care home manager that once the door was noted to be insecure, the member of staff should have initiated a head count of the residents. However, this was not carried out. The HSE said the management failures in respect of the alarm door reactivation were not causative of Mr Kearins' death and would likely not have even come to light but for four individual errors: the unidentified member of staff who closed the internal fire door without further action; the fire alarm for the internal fire door which had been deactivated; the unidentified member of staff who left the unalarmed external fire door insecure; and the actions of both the senior care assistant and the care assistant. The fire door through which Mr Kearins was able to exit the care home. Picture: HSE | HSE The care home's parent firm, Glasgow-based Oakminster Healthcare Ltd, which owns four other homes, was fined £53,750 at Glasgow Sheriff Court on 23 July after it pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. HM Inspector Amna Shah said: 'This incident was completely avoidable. It is hugely concerning that a vulnerable man was able to walk so far and through so many doors without being noticed. Advertisement Hide Ad Advertisement Hide Ad 'We counted he had walked more than 300 steps. The fact this incident happened at Christmas time makes it all the more tragic.' Ms Shah added: 'We will always take action against those who fail in their responsibilities.'

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store