Man takes damages action against maternity hospital after wife's death

A man who remains "obsessive" about the circumstances in which his wife died while undergoing treatment in the National Maternity Hospital has taken a High Court action for damages.

The court was told yesterday that Mrs Geraldine Gleeson (31) died on August 4th 1993, nine days after being transferred from Wexford General Hospital to the National Maternity Hospital (NMH) at Holles Street, Dublin.

Since his wife's death, her husband, Mr John Gleeson (39), of Sherwood, Pollerton Road, Carlow, has had some 70 sessions with Dr Charles Smith, of the Central Mental Hospital, and will require further sessions, Mr Liam Reidy SC, for Mr Gleeson, said.

Mr Gleeson suffers from a psychiatric condition and is obsessed with his wife's death, counsel said. He prays for her daily, visited her grave each day, was obsessed about artefacts belonging to her and wore her T-shirts in bed.

Mr Reidy said the Master of Holles Street, Dr Peter Boylan, said to Mr Gleeson on August 10th 1993 that he was sorry about what happened to his wife. The Master had said the wrong condition had been diagnosed and it was nobody's fault.

Ms Mary Irvine SC, for the hospital, said she was admitting negligence on the part of the junior doctors involved, who were servants or agents of the hospital. After the opening of the case yesterday, Ms Irvine said Mr Reidy had opened a case substantially different from that set out in the papers and of which she had not been put on notice. After discussion between the parties, Mr Justice O'Higgins agreed to adjourn the matter for mention in three weeks.

Mr Gleeson is claiming general damages for personal injury for a psychiatric condition which he claims to suffer from as a result of his wife's death and special damages for loss of her services and income and his own loss of income.

The court heard the Gleesons married in 1985. Mr Reidy said the couple had an "idyllic" relationship. They had difficulties conceiving a child and in 1989 Mrs Gleeson began to undergo IVF treatment. She conceived twice but lost the foetus on two occasions. She tried again but developed ovarian cysts and was operated on at St Luke's Hospital, Kilkenny, in January 1993.

One of her ovaries was removed and the other was dissected during the operation. She decided to go for another trial of IVF treatment about four to five weeks before her death. Mr Reidy said there was no issue with the IVF specialist.

In late July 1993, while staying in Co Wexford, Mrs Gleeson went for a swim and developed a severe stomach and back ache. She was taken to Wexford General Hospital on July 24th from where she was transferred for specialist care to the NMH on July 27th.

Over the nine days from July 27th until August 4th 1993, Mr Gleeson witnessed such pain and suffering that he had developed a severe psychological dysfunction, Mr Reidy said. His life was now focused on the death of his wife and the suffering she endured.

Mr Reidy said Mr Gleeson had visited his wife daily at the NMH, making the return journey to and from Carlow for the nine days.

During her stay Mr Gleeson noted his wife was in considerable pain, her abdomen was distended and she was vomiting faecal matter. After seven days, she had become notably breathless with limited movement.

Going home after visiting his wife on her eighth day in hospital, Mr Gleeson felt there was no change in her situation and resolved to speak to his wife's consultant, counsel said. He felt not enough was being done.

The following day, around 8 a.m., Mr Gleeson was telephoned and told his wife had to undergo an operation but there was nothing to worry about, counsel said. Mr Gleeson arrived in Dublin at about 10 a.m. and was told his wife had died. Mr Gleeson demanded to see her and noted her body was black and blue.

Mr Reidy said Mrs Gleeson had earlier experienced severe problems at about 2 a.m. A consultant was called who said it was not his area of speciality and asked for another consultant to be called. That was done and it was arranged to operate at 8.30 am.

Counsel said it was clear that, over the nine days Mrs Gleeson was in Holles Street, she was not examined by a consultant but was examined by other medical personnel.

Mr Gleeson was in considerable shock, counsel said. He was angry for not remonstrating with the hospital staff at an earlier stage. Over the years, he relived the circumstances of his wife's death and had become dysfunctional from a psychiatric point of view. He had instituted the proceedings on his own behalf and on behalf of his wife's family.