Cork family settles High Court action over death of mother from Covid

High Court reporters

The family of a Cork woman who died in hospital from a Covid-19 infection has settled a High Court action over her death.

This is the first case to come before the courts in relation to a person contracting the virus during the Covid pandemic.

In the proceedings, it was claimed that Elizabeth ‘Betty’ Carroll had blood cancer and was, as a result, vulnerable to contracting infection. It was claimed she had allegedly been exposed to the avoidable risk of infection with repeated transfers between the Mercy University Hospital, Cork and a nursing home step-down facility known as St Francis Unit, Baker’s Road, Gurranbraher, Cork .

It was further alleged that Carroll had been discharged from the Mercy University Hospital and admitted to the St Francis Unit in September 2021 without allegedly first confirming that the nursing home facility was a suitable and safe facility for her ongoing care and recovery, offering at least the same level of protection from Covid 19 infection as the hospital.

All of the claims were denied.

The family’s counsel John White, with Cian O’Mahony, instructed by Denis O’Sullivan & Co solicitors, told the High Court on Tuesday that the parties had reached an agreement that was satisfactory. The settlement was against the Mercy University Hospital and the HSE. Counsel said the settlement, which was reached after mediation, was without an admission of liability.

A mother of three and grandmother of seven, Carroll (61) from Mayfield, Cork city was found at the nursing home facility to be breathless and on September 12, 2021 she was transferred back to the Mercy Hospital, where she tested positive for Covid 19.

She was later put on a ventilator and died in the hospital ICU on October 1, 2021.

Outside the Four Courts, her husband, retired taxi driver Anthony Carroll said his wife was “ the best person in the world . She was so easy going, so honest and loving, and she lived for her family, children and grandchildren.”

He said the family had “ hesitantly” brought the case.

“We did it in memory of Betty. We felt that we had to in her memory. We felt this was the only action we could take.’

He described as “absolutely horrendous” when the only way he could visit his wife in the nursing home facility was with “window visits.”

“The window visits were terrible and soul-destroying. Betty was so near and yet so far,” he said.

He said the last time he and the rest of the family saw Mrs Carroll was in the hospital ICU. “That was the day we really lost her. After that, there was no communication. It is so sad,” he said.

Thanking his legal team, Mr Carroll said he and is family are heartbroken.

“We are so heartbroken, and another four weeks of having to sit in court and listen to arguments would have been too much for us,” he said.

He added: “We hope that our family can now live in honour of Betty and in memory of Betty.”

Noting the settlement and the division of the statutory €35,000 mental distress payment Ms Justice Leonie Reynolds expressed her condolences to the Carroll family. The judge noted that if the case had gone on, it could have run for about four weeks.

Mrs Carroll was diagnosed with cancer of the blood after being admitted to the Mercy University Hospital in August 2021.

In the proceedings, it was claimed that she had significantly diminished capacity to overcome the Covid virus once infected. It was also claimed that neither Mrs Carroll or her husband or family were advised of this immunosuppression and her vulnerability to Covid.

On September 1, she was discharged from Mercy Hospital and transferred to the St Francis Unit nursing home facility.

It was claimed at the time of the transfer to the nursing home facility that it was allegedly known that patients of nursing home-type institutions, such as the St Francis Unit, were extremely vulnerable to Covid infection with poor outcomes in many cases.

Carroll, it was contended, would have to go back to the hospital from time to time for chemotherapy.

On September 7, it was claimed that at the nursing home she was found to be seriously ill, and was transferred back to the hospital.

Three days later, she was returned to the nursing home facility. On a window visit on September 11, Mr Carroll claimed his wife was struggling to breathe, and the next day she was transferred back to the hospital, where she tested positive for Covid.

All of the claims were denied.