Latest news with #DamienTansey
Irish Times
16-05-2025
- Irish Times
Inquest into farmer's death adjourned after claim process being used to question validity of his marriage
An inquest into the death of a Co Offaly farmer was adjourned on Friday after his wife's barrister claimed the process was being used to question the validity of their marriage, which took place on the day before the man's death. Joe Grogan (75), whose farm at Screggan, about 6km southeast of Tullamore, is to host this year's National Ploughing Championships, died on April 15th, 2023, at his home. Damien Tansey SC, for the cousins of Mr Grogan, including Seán and Margaret Grogan, told the court the deceased was diagnosed with cancer in December 2022 However, Dr Ben Kato, a doctor with Midoc who attended the deceased two hours after his death, and whose statement was due to be read into the court record, was not called to attend. READ MORE Mr Tansey and Peter Jones, solicitor for Teresa Mooney, an aunt of the deceased, objected to Dr Kato not being called as a witness as they wished to cross-examine him. Solicitor Damien Tansey (front) and Sean Grogan, a cousin of the deceased, leaving the court in Tullamore. Photograph: Nick Bradshaw Stephen Byrne, representing Lisa Flaherty Grogan, wife of the deceased, acknowledged that there were 'reasonably strong if not strong grounds' on which to seek an adjournment to facilitate Dr Kato's attendance. 'It is preferable that all the doctors are present in court when giving evidence as they are part of a medical jig-saw,' said Mr Tansey. He and Mr Byrne said they believed all the witnesses should be called as one unit, but Mr Jones felt that the court was competent to receive the evidence in slots. Lisa Flaherty Grogan was visibly upset at times during the hearing. Photograph: Nick Bradshaw However, the inquest attracted further controversy in relation to Mr Grogan's marriage to Ms Flaherty Grogan, which took place one day before his death. During the inquest, Mr Tansey referred to the 'would-be' marriage between the couple, which drew sharp criticism from Mr Byrne. 'I am concerned by Mr Tansey's use of the term 'would-be marriage',' he said. 'It suggests that Mr Tansey intends to use this forum to inquire into the validity of my client's marriage ... my client who is legally and validly married.' Coroner Raymond Mahon, who repeatedly asked Mr Byrne to resume his seat, said the marriage was not relevant to the purpose of the inquiry, which was to establish the identity of the deceased and how, when and where he died. Coroner Raymond Mahon. Photograph: Nick Bradshaw Ms Flaherty Grogan was visibly upset at times during the hearing. Mr Tansey told the coroner that in his long-time attending inquests, he had never come across a case where a pathologist could not conclude a cause of death. 'I have never come across circumstances where, before a notification of death form was completed, the body of the deceased was taken away and embalmed, which only with your [the coroner's] and the guards' intervention, was that [embalming] process stopped, but not before irreparable damage was done,' he added. Mr Byrne appealed to the coroner to 'direct as best you can Mr Tansey from saying anything that might insinuate any wrongdoing on the part of my client'. 'He shouldn't be using this opportunity under privilege to insinuate any wrongdoing on the part of anyone.' As matters became heated in the court, Sgt Brendan Kearns, who was assisting the coroner, informed the court that other witnesses present were taken aback by the nature of the proceedings and wished to talk to their own legal representatives. 'I'm not making an application [to adjourn], I'm only suggesting an adjournment,' he said. Between next of kin, relations, legal representatives and members of the media, the inquiry drew a significant attendance. Mr Mahon decided to adjourn the inquest possibly until the first week in July as this will be the next available date on which pathologist Dr Kaithi Perera will be available. Pathologist Dr Charles d'Adhemar is also due to be called as a witness. The circumstances in which a death must be reported to a coroner include sudden, unnatural, violent or unexplained deaths. In most cases, a GP can certify the medical cause of death and the Registrar of Births, Deaths and Marriages can register the death in the usual way. However, if a doctor has not seen and treated a deceased for the condition from which they died within 28 days of death, then it should be reported to the coroner.
Irish Times
09-05-2025
- Health
- Irish Times
Man who sued over 10-year delay in diagnosis and treatment of hearing loss settles actions for €800,000
A man whose hearing loss was not fully diagnosed or treated for 10 years as a child has settled a High Court action against the Health Service Executive for €800,000. Padraig Byrne, who has Down syndrome, got his first hearing assessment when he was 17 months old, but while a hearing loss was recorded, it was claimed, it was not adequately recognised or followed up until he was five years of age. His counsel Hugh O'Keeffe SC, instructed by Damien Tansey Solicitors, told the court the treatment of the boy had been 'wholly inadequate'. It wasn't until he was 10 years of age that hearing aids to amplify sound were appropriately fitted and verified. Counsel said a 10-year delay was conceded in what was a very complicated case. At one stage, he said the little boy had been given hearing aids 'that were clearly going to fail.' READ MORE Padraig did not have access to the full spectrum of speech sounds between birth and almost five years of age and even then his hearing aids were not optimised until he was 10 years old, meaning he did not have the access to the speech spectrum during the optimal period for language development. Counsel said it was their case that had Padraig's hearing loss been diagnosed earlier he would have been given a chance to have a degree of independent living and the delay had had 'a discernible effect on Padraig's future independence'. The HSE, he said, conceded an earlier diagnosis may have benefited the boy but it did not accept it had had an effect on Padraig's independence. Padraig Byrne (20), from Co Carlow , had through his mother June Byrne sued the HSE. In the proceedings, it was claimed the delay had resulted in delayed access to optimum speech and language at a time critical for the boy's development of speech and language. The standard of audiological care that the boy received until September 2014, it was contended, fell significantly below that reasonably expected and the boy had been denied the best possible access to sound. Approving the settlement, Mr Justice Paul Coffey said he was satisfied that the very best had been achieved for Padraig and the offer was fair and reasonable. In a separate case a boy who, the court heard, suffered a likely net four-year delay in the diagnosis and treatment of his hearing loss settled his action for €310,000. Oisín Flanagan, now aged eight years of Portarlington, Co Offaly , had through his mother Fiona Flanagan sued the HSE. A breach of duty was admitted in the case. It was claimed there had been a failure to assess the boy's hearing as requiring amplification and he was allegedly deprived of the amplification required to access the speech spectrum of sound which at that time was critical to his speech and language. Approving the settlement, Mr Justice Coffey said it was fair and reasonable.
BreakingNews.ie
09-05-2025
- Health
- BreakingNews.ie
Man whose hearing loss was not diagnosed or treated for 10 years sues the HSE
A man whose hearing loss was not fully diagnosed or treated for ten years as a child has settled a High Court action against the HSE for €800,000. Padraig Byrne, who has Down Syndrome, only got his first hearing assessment when he was 17 months old, but while a hearing loss was recorded it was claimed ,it was not adequately recognised or followed up until he was five years of age. Advertisement His counsel Hugh O'Keeffe SC, instructed by Damien Tansey Solicitors told the court that the treatment of the boy was 'wholly inadequate.' It wasn't until the boy was ten years of age that hearing aids to amplify sound were appropriately fitted and verified. Counsel said a ten year delay was conceded in what was a very complicated case. At one stage, he said the little boy was given hearing aids ' that were clearly going to fail.' Padraig did not have access to the full spectrum of speech sounds between birth and almost five years of age, and even then, his hearing aids were not optimized until he was ten years old, meaning that he did not have access to the speech spectrum during the optimal period for language development. Counsel said it was their case had Padraig's hearing loss been diagnosed earlier he would have been given a chance to have a degree of independent living and the delay has had ' a discernible effect on Padraig's future independence.'. Advertisement The HSE, he said, conceded an earlier diagnosis may have benefitted the boy but it did not accept it had an effect on Padraig's independence. Padraig Byrne, now aged 20 years from Co Carlow, had, through his mother June Byrne, sued the HSE. In the proceedings, it was claimed the delay had resulted in delayed access to optimum speech and language at a time critical for the boy's development of speech and language. The standard of audiological care that the boy received until September 2014, it was contended fell significantly below that reasonably expected, and the boy had been denied the best possible access to sound. Advertisement Approving the settlement Mr Justice Paul Coffey said he was satisfied that the very best had been achieved for Padraig and the offer was fair and reasonable. Ireland Richard Satchwell told gardaí he kept 'bits and pi... Read More In a separate case, a boy who the court heard suffered a likely net four-year delay in the diagnosis and treatment of his hearing loss settled his action for €310,000. Oisin Flanagan, now aged 8 years of Portarlington, Co Offaly, had, through his mother Fiona Flanagan, sued the HSE. A breach of duty was admitted in the case. It was claimed there was a failure to assess the boy's hearing as requiring amplification, and he was allegedly deprived of the amplification required to access the speech spectrum of sound, which at that time was critical to his speech and language . Approving the settlement Mr Justice Coffey said it was fair and reasonable.
