Woman who sued over husband’s care at Cork hospital gets €295,000

Remmy Ajayi, originally from Nigeria, suffered total organ failure after eye infection

A woman who sued over the care given to her husband at Cork University Hospital has settled her High Court action for €295,000.

John O'Mahony SC said the case, where 33-year old father of two Remmy Ajayi, originally from Nigeria, suffered total organ failure and died on November 21st, 2008, was a sad and tragic one.

Counsel said the issue in the case related to the nature and extent of treatment of Mr Ajayi’s serious eye infection, including with steroids.

The deceased’s widow Phumla Joana Ajayi, Ballincollig, Co Cork, had sued the HSE over the care given to her husband at Cork University Hospital.

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It was claimed Mr Ajayi had gone to the hospital on September 16th, 2008 complaining of a one-week history of redness or infection in his left eye. His condition was diagnosed as a serious eye infection, toxoplasmosis uveitis, and a treatment regime was put in place.

On November 18th, 2008, Mr Ajayi was extremely unwell and was taken to the hospital by ambulance in circumstances where he was unresponsive, it was claimed. He was admitted but developed complications, including acute renal failure and was in a diabetic coma. He further developed pancreatitis resulting in his death from total organ failure on November 21st.

Use of steroids

It was claimed there was failure to provide Mr Ajayi with an appropriate treatment regime from November 18th, 2008 and failure to take into account the risk factors of him developing complications. It was further claimed there was failure to limit the use of steroids in his treatment.

His wife and two children and other members of his extended family have been grossly distressed as a result of his untimely death, it was also claimed.

The claims were denied and it was contended all necessary and adequate precautions for the safety of Mr Ajayi were taken and a proper treatment regime had been put in place.

Retraining

Mr Ajayi was reviewed in an adequate manner and had ongoing review appointments at the opthalmology clinic, it was pleaded. He was treated in a responsible, reasonable and professional manner and was suffering from a serious infective condition which may result in blindness if untreated. He had been treated appropriately and with all due diligence and his unfortunate death was not reasonably foreseeable in the circumstances, it was claimed.

Counsel said Mr Ajayi at the time of his death was retraining and hoping to pursue a degree in science. His wife was pregnant with their second child at the time of his death.

Counsel said his side’s case was the steroid treatment should have been discontinued or tapered off on November 8th.

Approving the settlement, Mr Justice Kevin Cross sympathised with the family on their loss and said it was a good settlement in all the circumstances.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times