The family of Eve Cleary has settled a High Court action over the death of the 21-year-old who died hours after she was discharged from University Hospital Limerick (UHL) and told to go home and rest.
As part of the settlement, the HSE and the hospital expressed “sincere condolences and deep regret” for the “untimely death” of Eve.
The High Court heard that the settlement is without an admission of liability.
Eve Cleary (21), from Corbally, Co Limerick, died in the early hours of July 21st, 2019, two days after she fell and hurt her leg and went to the emergency department of the Limerick hospital.
She spent 17 hours on a trolley in the hospital, and she died more than three hours after she had been discharged and told to go home and rest.
During the High Court case, a medical expert on the Cleary side said if Eve had been given an anti-coagulant it would have prevented her from developing the blood clot in her lung which led to her cardiac arrest and death. The HSE denied all the claims.
The family’s counsel, Dr John O’Mahony SC, instructed by Doireann O’Mahony BL, on Tuesday told the High Court it was their case if Eve had a blood clot VTE risk assessment she would have been given the anti coagulant heparin, and it would have protected her “from the dreadful outcome.”
Dr O'Mahony said it was a tragic case. The details of the settlement are confidential.
A statement from the HSE and the hospital read to the court said: “On behalf of the hospital and staff and the HSE I wish to offer our sincere condolences and deep regret to Melanie, Barry and Eve’s family on Eve’s untimely death.
“The hospital has taken on board the issues and concerns raised by the Cleary family and we wish to reassure them that UL Hospital Group strives at all times to optimize patient care.”
It added: “In memory of the late Eve Cleary and in the spirt and name of her legacy the management of the hospital will be introducing a rolling audit programme on recognising reducing and managing VTE on a quarterly basis with its findings being shared with the governance group. This will inform our quality improvement programmes across the UL Hospitals Group”
Eve’s parents, Barry Cleary and Melanie Sheehan Cleary, and her sisters Kate, Elizabeth, Sarah and Emma, and her brother, Sean, all of Corbally, Co Limerick, had sued the HSE over her death and also for mental distress.
It was claimed that Eve was allowed to develop a deep vein thrombosis (DVT), a blood clot in her vein and that an opportunity had been missed at the hospital to put her on the anticoagulant heparin on admission.
The HSE accepted a formal risk assessment in relation to blood clots was not done but denied all other claims.
The court heard that the HSE did not accept the failure to carry out the risk assessment was a breach of duty. It said the treatment and management of Ms Cleary was reasonable and appropriate.
After six days of hearing before a High Court judge and mediation talks, the settlement over the death of the 21-year-old was announced in the High Court.
Melanie Cleary told Mr Justice Paul Coffey on her seventh day in court that she her husband and family were relieved the court battle was over.
She said that sorry meant more than compensation to the family.
Noting the settlement, Mr Justice Coffey extended his deepest sympathy to the Cleary family.
The judge who heard the six days of evidence, Ms Justice Emily Egan, also extended her sympathy over the Clearys' "unimaginable loss".
Melanie Cleary told the court in evidence how her husband and ambulance crew battled to save Eve after she collapsed on the stairs at home in July 2019, just over three hours after her hospital discharge and two days after she fell and hurt her leg and went to the UHL A&E Department.
"I told her she was the best thing that ever happened to me. I told her she was my baby. She kept trying to smile. She took off the oxygen mask and said I am so sorry. I think she knew what it would do to me if she died," she said.
Eve was first brought to the UHL emergency department shortly before 10pm on July 19th, 2019 after she fell as she crossed a bridge in Limerick city. She was triaged at 9.50pm but was not seen by a doctor until 5.30am the next day.
Eve had a CT scan which was clear and was given a bed in a ward at around 3pm. She was discharged at 8.30pm and told she should go home and rest, but collapsed at home shortly after 11pm.
Her father, Barry Cleary, told the court that his daughter was on a trolley in the UHL hospital corridor “where the trolleys were touching each other all the way up and down the corridor.” Her mother said the smell of urine would "take your breath away".
Mrs Cleary also told the court last week how the day after her daughter died the hospital sought a meeting to discuss Eve’s death.
She told them she was not ready, and she had her phone off during her daughter’s funeral and at the crematorium and there were missed calls from UHL.
A meeting was arranged at a Limerick hotel for July 31st, 2019, 10 days after Eve’s death with hospital representatives including the then chief clinical director of the UL Hospitals Group, Dr Gerry Burke.
“[Dr Burke] said Eve was failed from the minute she walked in the UHL door and there will be an investigation to say who failed,” Mrs Cleary told Ms Justice Emily Egan.
She said on behalf of UHL Dr Burke “apologised for the death of our daughter.”
She said after Dr Burke retired the new chief clinical director, Prof Brian Lenehan, met them.
“I said what Dr Burke had said, and he said it never happened. Their stance was Professor Lenehan had taken over and what Dr Burke said or had not said was irrelevant. It was devastating,” she said.
Mrs C;eary said last year HSE chief executive Bernard Gloster sanctioned an examination of Eve’s case, but it was halted because she was told they could not contact Dr Burke. “I was told nobody had his number.”
