HSE fined €500k for fatal fall from ambulance

The HSE has been fined €500,000 for health and safety breaches which led to the death of a paramedic who fell out of a moving ambulance.

The breaches revolved around the presence of “suicide doors” on the side of the ambulance. These are doors with hinges at the rear, meaning they can get caught in the slipstream if opened while the ambulance is moving.

Paramedic and father of six Simon Sexton, 43, was killed in Jun 2010 when he was wrenched out of the moving ambulance by the door as a patient was being transferred from Cavan to Dublin.

Dublin Circuit Criminal Court heard that the HSE was aware of the risk after a similar incident occurred in Kerry in 2007. This incident resulted in a paramedic suffering serious head injuries. The court heard that following this, several safety recommendations were made which were not implemented by the HSE.

A Health and Safety Authority inspector also said that at the time of the 2007 incident the HSE was waiting on delivery of about 40 ambulances with similar doors. The manufacturers offered to alter the doors before delivery to remove the danger but the HSE refused.

Judge Mary Ellen Ring said: “A fine doesn’t reflect, in any case, the seriousness of what this court is dealing with. No fine can ever restore Simon Sexton.”

She said any fine imposed is not to reflect the value his life. She added that if the problems were been dealt with after 2007 “perhaps Mr Sexton might be with us today”.

Imposing the €500,000 fine she also noted the HSE “is a public body which has many demands made of it. Those demands are ever increasing and resources are ever diminishing”.

The HSE pleaded guilty to failing to have a written assessment of the risks to the safety, health, and welfare of an employee relating to the rear hinge side door of an ambulance on Jun 3, 2010 at Dr Steevens Hospital, Dublin 8. They also admitted to failure to ensure employees had adequate training in the operation of the ambulance rear doors.

Shane Murphy SC, defending, offered the HSE’s “sincere apologies” for the incident. He said it was a tragic incident which should not have occurred but asked the judge to note that steps have been taken to ensure it is not repeated.

Many people wept in court as Mr Sexton’s widow, Catherine, described the effect of Simon’s death on their six children in a victim impact statement.

She said last week she found letters under her 7-year-old daughter’s bed which were addressed to her father, telling him how she loved him and wanted him to come back home.

“He was number one as a father, always there to listen and to guide and to do activities with the kids.

“I was the luckiest woman in the world,” she continued.

“We had a wonderful past and a bright future, raising and educating our six beautiful children.”

“My God, how could this happen to my husband and the father of my children?

“We were young sweethearts who dreamed of a long life together. My life was as bright as the sun that shone that day he last left for work.”