Courts

Family of man alleged to have caught superbug infection settles action over his death

Denis Dennehy (71) from Dingle died in hospital seven weeks after a knee replacement operation

Denis Dennehy from Dingle, Co Kerry, who died at University Hospital Kerry in 2016. His family has settled a High Court action against the HSE over his death

Fri Apr 28 2023 - 19:17

The family of a man who was alleged to have caught a superbug infection and later died at University Hospital Kerry has settled a High Court action over his death.

A letter of regret was read to the High Court from the Kerry hospital to the family of 71-year-old Denis Dennehy over his tragic death. The father-of-seven and grandfather, from Dingle, died in November 2016 about seven weeks after he had a knee replacement operation at the hospital.

The settlement, the details of which are confidential, was reached after mediation and is without an admission of liability.

In the proceedings against the Health Service Executive (HSE), it was claimed there was a delay in the proper treatment and management of the superbug infection. The claims were denied.

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The judge ruled during the settlement hearing that Mr Dennehy’s 68-year-old American wife, who is living in the United States, would not get part of the additional €35,000 statutory mental distress solatium payment and that it should be divided between his children only.

Mr Justice Paul Coffey said Mr Dennehy’s second wife, Molly Troxell, who lives in Pennsylvania, did not see fit to travel to Ireland when her husband’s “life was in peril” and did not attend his funeral. The judge said this suggested that there was no loving and committed relationship and there was no evidence to contradict this

The court heard the couple married in 2012 but Mr Dennehy returned to Ireland two years later, took off his wedding ring, closed his bank accounts, and did not return to the US.

In the letter of regret read to the High Court, University Hospital Kerry said it acknowledged the experience was devastating for the Dennehy family.

The letter from hospital manager Mary Fitzgerald said: “On behalf of the management and staff of the University Hospital Kerry, I wish to offer our sincere sympathies to you and your extended family following the tragic death of your father.”

It added: “We acknowledge that the experience was devastating for you and that it continues to have a profound and lasting effect on you and your family. Please be assured of our ongoing support for you.

“We appreciate that your experience with the hospital during this sad time did not meet expectations and we offer our sincere apologies.”

Charmaine Dennehy, of Kileen, Tralee, Co Kerry, had on behalf of the extended Dennehy family sued the HSE over the death of her father.

Mr Dennehy, who had undergone a right knee replacement operation at the hospital in September 2016, was readmitted back to the hospital in October suffering from a prosthetic joint infection.

His condition deteriorated, it was claimed, and he died as a result of sepsis on November 16th, 2016.

It was claimed there was a failure to promptly recognise or diagnose or treat the ESBL superbug infection suffered by Mr Dennehy.

There was an alleged failure to take proper or sufficient measures to minimise the risk of surgical infection during the right knee replacement carried out on September 29th, 2016.

The HSE denied all the claims and contended that it at all times acted with due care, skill and diligence in respect of the treatment and care of Mr Dennehy.

The family’s counsel, Gabriel Gavigan SC, instructed by solicitor Susan Gray, told the court Mr Dennehy was estranged from his wife in the US.

Elaine Davern Wiseman BL said she understood from Ms Troxell they were in a committed and loving relationship.

Charmaine Dennehy told the court that when her father went back into hospital the second time she informed his wife and Ms Troxell had phoned the Kerry hospital once. She said she phoned Ms Troxell every two days to update her.

“They had not seen each other for two years. She did not come to the hospital, or to the funeral. She has not seen the headstone on his grave,’ she said.

She said that when her father was deteriorating, she rang Ms Troxell about four or five days before his death and told her he was not going to make it. The family also told Ms Troxell of the pending legal proceedings.

Ms Dennehy said it was her mother, Mr Dennehy’s first wife and his family who were at his bedside when he died.

Mr Justice Coffey offered his sympathy to the Dennehy family and said Mr Dennehy meant a great deal to his family.

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