€550k for musician who fell into coma after surgery

A talented musician who had surgery for cancer at St James’ Hospital, Dublin, but later had a heart attack and slipped into a coma, has settled his High Court action for €550,000.

Mr Justice Kevin Cross was told that Robert Bolton, almost five years later, is still in a coma, cannot speak or communicate, and has no reaction to the presence of family members.

Wife Angela Bolton, who has blogged about their life since her husband went in to a coma, welcomed the settlement but said nothing would compensate for the condition of her husband. “Thirty years being with the same man and I go home on my own. Nothing really compensates for that but we’ve done our best,”she said.

“All we wanted was to find out was what happened and I think we found that out as much as we could. Robert was an incredible gentleman. A musician for life, a bass player, He got his degree from Trinity as a mature student. He was an incredibly fit, well person, and the apple of my eye, and he’s been an inspiration to me all years. The one who kept me going. He’s an incredible man.”

Robert Bolton, aged 71, had though Mrs Bolton, of Aungier St, Dublin, sued St James’ Hospital for alleged negligence arising from his treatment in October 2011 when he underwent surgery to the oesophagus and was transferred to ICU, where it was claimed over 24 hours he deteriorated.

His counsel, Desmond O’Neill, said Mr Bolton developed respiratory failure and early sepsis, and had a heart attack on October 4, 2011, suffered a hypoxic ischaemic brain injury, and has since been in a coma.

It was claimed there was an alleged failure to have regard to the fact that, from the morning of October 4, Mr Bolton’s condition met generally accepted criteria for a systemic inflammatory response and sepsis, and there was an alleged failure to have regard to the fact that Mr Bolton was developing early sepsis-related organ failures.

The claims were denied by the defendant but the court heard there was a partial admission of liability over a certain aspect of the case.

Approving the settlement, Mr Justice Kevin Cross said it was a good settlement. He said Mrs Bolton could be happy in the knowledge that the best possible arrangement had been made on behalf of Mr Bolton.

The case will come back before the court in two years when Mr Bolton’s future care needs will be reviewed.