THE FAMILY of a father of two who died suddenly after a hospital failed to appropriately treat his heart problem are to receive €490,000 plus costs after they took a medical negligence case against the Health Service Executive (HSE).
Mechanic Gerard O'Leary from Dooneen, Kilcummin, Killarney, Co Cork, died on January 21st 2004 after the HSE failed to diagnose the severity of the heart disease from which he was suffering.
At the time of his death Mr O'Leary was working at the Liebherr container crane factory in Killarney and was getting ready to move into a new house at Ballydribbeen in Killarney with his wife Sheila and sons Nigel and Keith.
John O'Mahony SC, for the plaintiff, outlined the background to the case at a sitting of the High Court in Cork city yesterday.
The court heard that Gerard O'Leary had gone to Kerry General Hospital in Tralee in March 2003 expressing concern about being tired and unwell. He also had stomach cramps. The father of two was given an echo cardiogram to check for abnormalities.
His family claim that the severity of the heart disease was grossly underestimated on this occasion.
Dr O'Mahony said Mr O'Leary should have been referred to a cardiologist regarding difficulties he had with a heart valve. "Had that been done he would have received the appropriate treatment and lived a full life on the balance of probabilities.
"There was clear negligence on the part of the HSE."
Mr Justice Michael Hanna was told that Mr O'Leary was proud to have done all of the interior work at his new house at Elm Grove, Ballydribbeen himself. He had no significant medical history and his family never expected his life to end so tragically.
On January 21st, 2004, the O'Leary family were just days away from moving in to the new house at Ballydribbeen. As Mr O'Leary was doing some work on the new house he became physically ill. He died shortly after he arrived in hospital in Tralee.
The judge approved the settlement plus costs to Sheila O'Leary and her two sons. He said that even with the most clear-cut cases of medical negligence there were risks to the plaintiff in bringing the case to trial rather than accepting a settlement offer.
Solicitor for the O'Leary family Andrew O'Connell said the heartbroken relatives of the late Gerard O'Leary finally had closure.
"The O'Leary family express their gratitude and respect for the way in which it was dealt with. There is now a sense of closure, they can now face the future without their much-loved . . . husband and father."