HSE’s bid to have medical supplies company indemnified thrown out

A judge has thrown out a legal bid by the HSE to have a medical supplies company lift its €69,000 damages bill for an accident that injured a nurse in the Midland Regional Hospital, Mullingar, 14 years ago.

Barrister Tom Clarke, counsel for Dublin-based KCI Medical Limited, told Judge Jacqueline Linnane in the Circuit Civil Court today Tuesday that the HSE was seeking to have KCI indemnify it for a €41,686 damages award to Nurse Regina Cleary and costs totalling €27,137.

Mr Clarke said Nurse Cleary had been injured while standing on a stool in the Midland Regional Hospital, Mullingar, in 2001. She had taken High Court proceedings against the Midland Health Board, which had since become the responsibility of the Health Service Exucitive.

He told the court Nurse Cleary’s case had been settled in December 2012. His client, KCI, had been joined as a third party defendant in 2005 but the High Court had struck out the third party notice in 2007 on the basis it had not been served on the company as soon as it should have been.

Mr Clarke said the HSE had waited for 15 months before issuing Circuit Court proceedings in March 2014 seeking an indemnity for damages and costs or alternatively a contribution in respect of the €68,823 settlement reached with Nurse Cleary.

Judge Linnane dismissed the HSE’s application. She said the HSE was seeking a second bite of the cherry. The HSE had an opportunity to have all issues dealt with at the same time but had fallen down in failing to have KCI Medical Limited brought into the proceedings in time.

She awarded costs of KCI’s application to have the HSE’s new proceedings dismissed against the HSE.