Paramedic sues over death of friend who fell out of ambulance

Action for damages taken against HSE and German ambulance manufacturer

A paramedic has told the High Court his lifelong friend was killed after falling out of the side door of an ambulance onto the road as they transported a patient.

PJ Cahill’s action for damages for nervous shock over witnessing that accident centres on claims the ambulance featured a side door which opened against the direction of travel.

It is alleged there was failure to ensure a motion lock was fitted to the door to ensure it could not be opened while the ambulance was moving.

Mr Cahill (50), Kilnagarbet, Stradone, Co Cavan has sued his employers, the HSE, and the German manufacturer of the ambulance, Wietmarscher Ambulanz Und Sonderf Ahrzeug GMBH. Both defendants deny the claims against them.

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In evidence, Mr Cahill said he was driving the ambulance on the N3 Cavan to Dublin Road in June 2010 when he heard a thud. He looked in the mirror and saw his friend Simon Sexton, a 43-year-old father of six, hit the ground.

He jammed on the brakes and ran back to find Mr Sexton lying face down near the grassy verge, he said.

Three years ago, the HSE was fined €500,000 for health and safety breaches as a result of Mr Sexton’s death.

When opening the action on Wednesday, Frank Callanan SC, for Mr Cahill, said it would centre on the side door.

Counsel said Mr Sexton had seen a crack of light at the top of the side door and went to secure it as the ambulance was moving. The ambulance was transporting a patient and a nurse in the back also.

The side door did not open in the direction of forward travel and that was the immediate cause of the death of Mr Sexton, counsel said.

There had been a previous accident in 2007 in Kerry with an ambulance from the same batch with a similarly fitted door, he said.

Mr Sexton and Mr Cahill were lifelong friends from the same area and Mr Sexton had followed Mr Cahill into the ambulance service, counsel said.

Counsel said the incident happened about 15 minutes outside Cavan as they were bringing a patient to Dublin.

There was no no debriefing or counselling offered to Mr Cahill afterwards and he suffered flashbacks and nightmares, counsel said.

Mr Cahill was also involved in a vain attempt to save Mr Sexton’s life and stayed with him attempting resusciation as he was brought in another ambulance back to hospital.

“It had a profound effect on Mr Cahill. He has an onerous sense of responsibility over what transpired and stuggles to live with it,” he said.

In his evidence, Mr Cahill said when he radioed into the Cavan Ambulance Service that a paramedic had fallen out of the ambulance, there was silence at the other end “for a second” before he was told another ambulance was being sent to the scene.

He kept resuscitation going until the other ambulance arrived and then travelled in the second ambulance attempting to resucitate Mr Sexton until they reached Cavan General Hospital where a consultant was on standby. Mr Sexton was pronounced dead shortly afterwards.

The case before Mr Justice Raymond Fullam continues on Thursday.