Family ask Attorney General to direct inquest into death of mother as they settle action against HSE

The family of a woman who it was alleged was prescribed an excessive dose of blood thinning medication at University Hospital Waterford and later died has asked the Attorney General to direct that an inquest take place into her death.

The call came as Esther Flynn’s grieving husband settled a High Court action against the HSE over her death three years ago.

Esther Flynn, the family’s counsel, Aidan Walsh SC told the court, was only 54 years of age at the time of her death.

Counsel said it was their case that Ms Flynn’s death was “totally unnecessary” and it involved the alleged overprescribing of an anticoagulant blood-thinning medication. 

Counsel said Ms Flynn suffered a brain haemorrhage and died on May 26, 2022. The claims were denied and the settlement, which was reached after mediation, is without an admission of liability. 

Mr Walsh said the fact that there was no apology forthcoming caused great upset to the Flynn family. 

He said the family’s solicitor had asked for an “open disclosure meeting" and was “effectively ignored”. 

In the proceedings it was claimed that Ms Flynn had been prescribed an excessive dose of blood-thinning medication and there was an alleged failure to prescribe the woman with a correct dose of the drug, in accordance with her weight.

Outside court, the family solicitor John Whelan of Whelan Law said the family has made an application to the Attorney General under the Coroners Act seeking an inquest based on available medical evidence, including new expert reports from a consultant physician and a consultant haematologist.

He said while the family welcomed progress in their case through mediation, they are saddened that there is currently no legal mechanism for the court to require an apology “even in cases where the emotional and human need for one is clear”. 

“They hope this case will serve as a reminder of the importance of patient safety, full disclosures and dignity for families. They also hope that this will not happen again to another family,” he said.

He said Ms Flynn was a devoted wife, mother, grandmother, sister and daughter to a close and loving family. Her family, he said, remains deeply distressed by the absence of “any meaningful explanation or acknowledgement from the hospital since her passing”. 

Joe Flynn of New Ross, Co Wexford had sued the HSE over the death of his wife.

Esther Flynn had been admitted to University Hospital Waterford on April 29, 2022, following a seizure and facial droop. She had a CT scan and an MRI scan of her brain, which were noted as unremarkable, but investigations revealed lymphoma. She was discharged on May 16, but was readmitted two days later due to her health condition.

On May 22, 2022, it was noted that she had not been commenced on blood thinning medication since her admission but due to her immobility and previous deep vein thrombosis in the past a decision was made that she was at high risk of a pulmonary embolism. 

A prescription was decided upon and on May 24 she had a reduced level of consciousness and a CT scan showed an acute intracranial bleed. Her condition deteriorated and she died on May 26.

In the proceedings it was claimed that Ms Flynn had been prescribed an incorrect dosage of the blood-thinning medication and was allegedly prescribed an excessive dose.

It was further alleged Ms Flynn had not been weighed and an alleged unsubstantiated prescription of the drug had been based on an estimate of her weight.

All of the claims were denied.

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