A retired college lecturer who is wheelchair bound after suffering brain damage and other complications as an alleged result of a procedure to have his sinuses unblocked is to be paid €950,000 damages under a settlement approved by the High Court.
Mr Emmett McElhatton's wife Margaret, who told the court her husband had told her occasionally that he wanted to die, is to receive €200,000, mainly for her care for him to date.
Mr McElhatton had been a lecturer in economics and business studies at Letterkenny Institute of Technology, Co Donegal, until his retirement in August 1999. He brought his action arising from a medical procedure carried out at St Joseph's Hospital, Sligo, on December 13th, 1999.
Mr McElhatton (71), of The Burren, Gortlee, Letterkenny, sued St Joseph's Hospital, Sligo, and Niall Considine, an ear, nose and throat consultant, at the hospital. The settlement was for a total of €1,150,000 and costs, and without admission of liability.
Mr Damien Tansey, solicitor, for Mr McElhatton, said the claim was that his client had undergone a procedure to have his sinuses unblocked but that the cranial cavity was perforated, allowing air to enter that area.
Mr Gerard Clarke SC, for Mr McElhatton, said Mrs McElhatton was looking after her husband full time. Her claim was for recompense for her constant nursing care over the last five years. If all the care provided by her had come from outside, the figure would come to about €150,000. She had also suffered the loss of her consort.
Much of the settlement sum approved by Mr Justice Daniel Herbert in favour of Mr McElhatton is in respect of structural modifications which he will require to meet his needs at his home.
In reply to the judge, Mrs Elhatton said she was quite happy with the settlement offer while Mr Clarke stated that he was recommending the terms proposed. An application will be made to the court later to have Mr McElhatton taken into wardship.
Outside court, Mrs McElhatton said their lives had changed completely since the incident. She worked 24 hours a day, seven days a week, looking after her husband. Her husband had to be looked after at all times and everything had to be done for him.