HSE to make payment over death

The family of a woman (38) who died at Mayo General Hospital hours after giving birth to her second child is to be paid €850,000, plus legal costs, by the Health Services Executive under a settlement of their High Court action.

Evelyn Flanagan died at the hospital on October 19th, 2007, as a result of serious complications following the birth of her daughter, Niamh. It was alleged she suffered a post-partum haemorrhage as a result of a rupture of the uterus that was not detected or adequately dealt with.

Her husband Padraic (43), of Holyhill, Ballyheane, Castlebar, had brought proceedings against the HSE and a consultant obstetrician, Dr Murtada Mohamed, alleging the care given to his wife at the hospital was substandard and led to her death.

The settlement, ruled this week by Mr Justice Michael Peart, arose following a mediation of the proceedings during which the hospital admitted liability. The settlement is to be paid by the HSE with the case against Dr Mohamed struck out.

The sum includes payments for two children and the maximum €25,395 payable for mental distress.

In a statement released after the ruling, Mr Flanagan said he welcomed "the acknowledgement of liability by Mayo General Hospital, albeit late in the day".

In legal documents, Mr Flanagan described his wife as "a very healthy, strong individual" and a great mother to the couple's daughters, Niamh (4) and Aisling (7). Mr Flanagan said he was rearing the girls alone and the loss of his wife's companionship and support "has been devastating".

Mr Flanagan is a senior executive officer with Mayo County Council. His wife was also employed with the council as an acting senior staff officer at the time of her death.

Alhough an initial post-mortem report suggested Mrs Flanagan's death was the direct result of an Amniotic Fluid Embolism (AFE), a rare obstetric emergency, the family claimed the sudden deterioration in her condition could be attributed to postpartum haemorrhage.

At inquest procedings convened by the coroner for south Mayo, John O'Dwyer, in 2008 and 2009, John Jordan SC argued on behalf of the family that Mrs Flanagan's death could have been avoided by provision of timely and appropriate treatment.

Mr Flanagan alleged medical staff at Mayo General Hospital failed to detect his wife was bleeding heavily from a tear in her uterus until more than six hours after the birth of their daughter.

The jury returned a verdict of death by medical misadventure.