Hospital apologises for shortcomings in care which led to death of woman and her unborn baby

High Court reporters

Tipperary University Hospital has apologised to the family of a young mother for the shortcomings in care which led to her death and that of her unborn baby.

Caroline Kavanagh was 22 weeks pregnant with her second child, a baby boy, when she first presented at the Clonmel hospital's emergency department with chest pain.

The family’s counsel, Dr John O’Mahony SC, told the High Court the 37-year old woman was misdiagnosed and her heart attack symptoms were not identified or addressed and she was discharged home.

Dr O’Mahony said it was a “heartbreaking and extremely sad case” where the young mother five days later was found unresponsive in bed at her Kilmallock, Co Limerick, home and later pronounced dead.

“Her mother came to her home and found her daughter motionless in bed. Caroline had died and the baby she was carrying died with his mother,” Dr O’Mahony told the court.

Outside the High Court, Caroline Kavanagh’s family said it had been a 10-year long battle for justice and even though they now had the long awaited apology from the HSE and hospital it will not bring back Caroline or the unborn baby boy who was to be known as TJ.

Dr O’Mahony, instructed by solicitor Ciaran O’Keeffe, said at the hospital there was a misdiagnosis and a mistaken belief that an elevated level of the protein Troponin in the blood was due to pregnancy when in reality it can point to cardiovascular issues.

The letter of apology was read to the court as Caroline’s 74-year-old mother, Margaret Kavanagh, of Cashel, Co Tipperary, settled a High Court action against the HSE over her daughter’s death on February 11th, 2015.

The letter from the interim hospital manager, Ailish Delaney, expressed “profound sympathy and condolences” to Mrs Kavanagh on the loss of Caroline and her unborn child.

It added: “The management and staff of the hospital apologise sincerely for the shortcomings in the care which was provided to Caroline and which led to her tragic death. The hospital wishes to acknowledge the heartache and distress suffered by her family because of her premature passing and to express our sincere sympathy and regret.”

A breach of duty was admitted by the HSE in the case.

At the time of her death, Ms Kavanagh’s daughter, Megan, was only nine months old.

Outside court, Margaret Kavanagh said it had taken the family 10 years to get justice for Caroline.

“While we acknowledge the apology from the HSE, as a family we believe that if the past mistakes that were made had had been corrected we would not be here today.”

She said even though the family now has the apology, it will not bring back Caroline or the unborn baby who was going to be called Thomas James or TJ.

She said Caroline had been so looking forward to the birth of her second child.

“She was a great mother, daughter, sister and just a great person,” she said.

Clutching a picture of her daughter she wears in a pendant around her neck, Mrs Kavanagh said while the family had now got justice, it had taken so long.

“Why are there all these mistakes? We are in the 21st Century and we seem to be going backwards,” she said.

Mrs Kavanagh, who was accompanied to court by Caroline’s sister Claire, said she hoped that no family in the future will have to go through “the pain and loss we have experienced in the last 10 years.”

In the proceedings, it was claimed that the correct diagnosis of acute heart attack was not made and Caroline Kavanagh was not offered appropriate cardiac care to significantly improve her chances of survival when she attended the hospital on February 6th, 2015.

She ultimately died of the complications of heart attack on February 11th, 2015.

It was claimed substandard care had been provided to Ms Kavanagh and she did not have an echocardiogram. She had been started on cardioprotective medication on admission to hospital but these were stopped on discharge.

Noting the settlement and the division of the statutory €35,000 mental distress payment, Mr Justice Paul Coffey extended his deepest sympathy to the Kavanagh family.