Family ask attorney general to order an inquest following settlement of High Court case over woman’s death

Esther Flynn died in hospital after she was ‘prescribed wrong dosage of blood-thinning medication’, judge hears

Joe Flynn and son Chris outside court with a photograph of Esther Flynn on Tuesday. Photograph: Collins Court
Joe Flynn and son Chris outside court with a photograph of Esther Flynn on Tuesday. Photograph: Collins Court

The family of a woman who was allegedly prescribed an excessive dose of blood-thinning medication at University Hospital Waterford and later died have asked the Attorney General to direct a coroner to hold an inquest.

The call came as Esther Flynn’s husband Joe settled a High Court action against the HSE over her death.

Lawyers for her family told the court on Tuesday how her death, at the age of 54, was “totally unnecessary”.

Aidan Walsh SC said Ms Flynn suffered a brain haemorrhage and died on May 26th, 2022.

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The claims were denied. The settlement, which was reached after mediation, was without admission of liability.

Mr Walsh said the fact that there was no apology forthcoming caused great upset to the Flynn family.

He said the family’s solicitor had asked for an open disclosure meeting and was “effectively ignored”.

In the proceedings, it was claimed that Ms Flynn had been prescribed an excessive dose of blood-thinning medication and there was an alleged failure to prescribe the woman with a correct dose of the drug in accordance with her weight.

Outside court, the family’s solicitor, John Whelan, said the family has made an application to the Attorney General under the Coroners Act, seeking an inquest based on medical evidence including new reports from a consultant physician and a consultant haematologist.

He said the family welcomed progress in their case through mediation, but said they were saddened there was no legal mechanism for the court to require an apology “even in cases where the emotional and human need for one is clear”.

“They hope this case will serve as a reminder of the importance of patient safety, full disclosures and dignity for families. They also hope that this will not happen again to another family,” he said.

He said Ms Flynn was a devoted wife, mother, grandmother, sister and daughter to a close and loving family.

Her family, he said, remained deeply distressed by the absence of “any meaningful explanation or acknowledgment the hospital since her passing”.

Joe Flynn, of New Ross, Co Wexford, had sued the HSE over the death of his wife.

Ms Flynn had been admitted to University Hospital Waterford on April 29th, 2022, following a seizure and facial droop.

She had a CAT scan and an MRI scan of her brain and which were noted as unremarkable, but investigations revealed lymphoma, a cancer.

She was discharged on May 16th, but was readmitted two days later due to her health condition.

On May 22nd, 2022, it was noted she had not been started on blood-thinning medication since her admission, but due to her immobility and previous deep vein thrombosis a decision was made that she was at high risk of a pulmonary embolism, a blood clot.

A prescription was decided upon. On May 24th she had a reduced level of consciousness, and a CAT scan showed an acute cranial bleed. Her condition deteriorated and she died on May 26th.

In the proceedings it was claimed Ms Flynn had been prescribed an incorrect dosage of the blood-thinning medication and was allegedly prescribed an excessive dose.

It was further alleged Ms Flynn had not been weighed and an alleged unsubstantiated prescription of the drug had been based on an estimate of her weight.

All the claims were denied.

Noting the settlement and the division of the €35,000 statutory mental distress payment, Mr Justice Paul Coffey conveyed his deepest sympathy to the family.