Woman awarded €500k for death of partner after op at Mercy Hospital Cork

A woman whose partner died weeks after an operation in the Mercy University Hospital, Cork, has been awarded over €500,000 by the High Court.

Mr Justice Anthony Barr said Geraldine Barry was subjected to a very traumatic event relating to the negligent care given to her partner by Mercy University Hospital. This, the judge said, caused Ms Barry to suffer post-traumatic stress disorder and a prolonged depressive disorder.

Ms Barry had, when giving evidence in the High Court case, broken down as she told she had the best life could offer with her partner, Christopher Sayer.

“One of the great pleasures in my life was to come home to him. I am devastated that I can’t do that anymore,”she said in evidence.

Ms Barry, of Lakemarsh, Church Cross, Skibbereen, Co Cork, had sued the hospital over the post operative care of her partner Mr Sayer, 70, who died in April 2010 from septic shock. She also sued for nervous shock as a result of his death.

Mr Sayer, a jazz musician who suffered from cancer, had a colon operation at the Mercy Hospital on March 11, 2010.

He died on April 19, 2010.

Mercy University Hospital admitted liability in relation to Mr Sayer’s post-operative care on March 16 and March 17, 2010, and the case was before Mr Justice Barr for assessment of damages only. During the hearing, the hospital offered sincere condolences to Ms Barry and apologised for the distress caused.

Mr Justice Barr assessed total damages under the nervous shock claim as €289,414, and a total of €210,648 under the fatal accident claim, bringing the total to Ms Barry of €500,063.

He said she suffered an extremely traumatic event in connection with the death of her partner. This, he said had caused her to suffer PTSD, depression and a prolonged and complex grief reaction.

“I am satisfied she has suffered significant psychiatric injury which has been present since March 2010 down to the present time,” he said.

He said she continues to have distressing symptoms on a daily basis.

“She continues to suffer panic attacks with seating, raised heartbeat and a feeling that everything is catastrophic. She feels lonely and sad at the loss of her partner. I am satisfied that it will take a further number of years for these symptoms to abate.”

Mr Justice Barr accepted that due to her continuing symptoms, Ms Barry was not able to cope with the demands of her work as a receptionist in a dental practice and it was reasonable to give up her job in 2014.

The judge also allowed Ms Barry’s claim for reimbursement for the €76,000 she had to pay in inheritance tax when she inherited Mr Sayer’s home on his death.

Mr Justice Barr accepted Ms Barry’s evidence that she and Mr Sayer had planned to marry. If she was married she would not be subject to inheritance tax. “I have no doubt that if Mr Sayer had not died in April 2010, he would have gone on to marry Ms Barry.”