Man settles action over alleged sub-standard care given to son

A father who sued over alleged sub-standard care given to his son while in a respite home more than 20 years ago has settled his High Court action.

David Cotter, of Blarney Street, Cork, had sued the HSE and the Cope Foundation, who gave his son Bryan respite care in Montenotte, Cork city in January 1992. Bryan Cotter died in 2010.

On the second day of the case, Mr Justice Kevin Cross was told the case against the HSE could be struck out and the action against the Cope Foundation had settled without an admission of liability.

The judge congratulated both sides for settling a "difficult and very sad" case and commended David and Margaret Cotter for their care of their son until his death.

‘Tragic case’

Previously, Dr John O’Mahony SC, acting for Mr Cotter, had said it was a very tragic and sad case. Bryan Cotter was a young man who had a moderate handicap, who lead a quiet life and who was treasured by his family.

It was alleged that after he entered respite care at the Cope Foundation in 1992 when he was aged 14, he went physically and mentally downhill.

It was alleged that Bryan Cotter was admitted to Unit B on January 3rd, 1992 for specialist care.

There, it was alleged there was a failure to protect the youth from attack by other patients and to properly investigate bruising.

The court heard claims that, by January 11th, 1992, Bryan’s condition had further deteriorated and that three days later, he was unsteady on his feet and falling.

It was alleged that he continued to be attacked by other patients, including one man who kicked him while on the floor.

It was further alleged that the Cope Foundation failed, refused and neglected to provide the appropriate medical care to Bryan Cotter and that his treatment was sub-standard.

All the claims were denied.

Mr O’Mahony said Bryan was rushed to hospital on January 21st, 1992 after it was discovered that he had pneumonia and he remained in hospital until May 22nd, 1992. A CT scan also showed he had a mass on his brain.

Counsel had said their case was that the level of care delivered to Bryan at Cope was of a poor standard and that Bryan never regained his pre-admission status.