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The family of an amateur jockey who died after a fall has received a settlement of an undisclosed sum at the High Court after the HSE admitted liability in elements of his care at Cork University Hospital (CUH).
Jack Tyner, son of trainer Robert Tyner and Mary Tyner, was hospitalised following a point-to-point meeting in Dungarvan, Co Waterford, on February 2nd 2011. He died on February 7th.
Mary Tyner said Jack “loved life and lived for the sport of horse racing”.
She said she and her family entered proceedings at High Court level in 2013 with the HSE only accepting liability if not causation in the case last year.
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“His ambition was to be a top jockey. He loved life and was on top of his game. he was a great son. If they [the HSE] just stood up and said ‘Look we made a mistake. Things went wrong’. You shouldn’t have to have eight years of torture trying to get answers. It is frightening to think what they did wrong.”
Mary said Jack was her beloved only son. His death has been traumatic for his five sisters and extended family.
“I hope the HSE learn lessons from it. They [his siblings] are very upset because they never got to say goodbye to him. We always thought that he was coming home. ”
Meanwhile, Sean Lynch, SC, representing the Tyner family told Justice Michael Hanna at a sitting of the High Court in Cork that the fact that the HSE was admitting fault but not causation was of “limited solace” to the family.
He said that it was “a terribly unfortunate case” and an “enormous tragedy” for the family.
Justice Hanna wished Mrs Tyner well and said that he was conscious of how technical the details of such settlements can be when families are experiencing “awful trauma”.
In a statement the family said that they “were led to believe that he [Jack] would be there (in hospital) for a few hours at most.
“Jack never came home and died on the 7th of February 2011. We subsequently learned that Jack received substandard care. Had Jack received early intervention and the appropriate care at CUH he would be with us today.”
Jack was taken to CUH after taking a heavy fall in the second section of the six-year-old and upwards mares’ maiden when his mount, Dusmagic, crashed out at the first fence.
He had ridden six winners in his short career.
Jack Tyner rode his first winner on the racecourse at Limerick in November 2008 on Square Sphere, which was owned by his mother.