Man died after injury suffered in nursing home clash with 96 year old

A 71-YEAR-OLD man died from complications of a bone fracture sustained in an altercation with a 96-year-old resident in the nursing home where they both lived, an inquest has heard.

Patrick Declan Kinsella, of Annabeg Nursing Home, Meadow Court, Ballybrack, Co Dublin, suffered a fracture of his right tibia and fibula in a fight with the man on August 24, 2010.

Dublin City Coroner’s Court heard staff nurse Jeanette Suarez called emergency services around 10pm when she found Mr Kinsella, who was a wheelchair-user, lying on the floor.

He was complaining of pain in his right leg.

Another resident, Gerard Phelan, who had dementia, was standing behind the wheelchair. Both men were bleeding from the head. Mr Kinsella told a paramedic “he had been assaulted”. They were both then taken to St Vincent’s Hospital.

Mr Kinsella told his daughter Carol Cunnie that Mr Phelan had “tipped” him out of his wheelchair and that he fell onto the ground and hit his head.

Giving evidence at the inquest, Ms Cunnie said her father told her Mr Phelan had then picked up a “grabber”, which Mr Kinsella had for picking up things, and began “beating him on the face” with it.

Ms Cunnie recalled her father said the “grabber” broke and that he then hit Mr Phelan with it. The incident occurred after Mr Phelan told Mr Kinsella to turn off the lights and he replied he could not because he was in a wheelchair, Mr Kinsella told his daughter.

Mr Kinsella was placed in a cast and discharged back to the nursing home on August 25, but was re-admitted the following day after his condition deteriorated.

He died on August 28.

Mr Kinsella’s death was due to fat embolus, a recognised complication of a fracture, where fat globules travel to the heart and lungs causing breathing problems, cardiac failure and death, a postmortem found.

Dublin city coroner Dr Brian Farrell told the Kinsella family he was satisfied the cause of death was due to fat embolus as a result of a fracture to the right leg.

He recorded a narrative verdict, a summary of the facts of the case.

Speaking from the body of the court, the deceased man’s wife, Patricia Kinsella, told the coroner the family did not blame anybody.

“I don’t want to blame anybody… Mr Phelan or his family… or these people,” she said, referring to the nursing home staff.

Choking back tears, Ms Kinsella said the nursing home staff were “fantastic”.

“My husband was well looked after. He had the run of the place. He had his meals whenever his wanted. He was brought to the first match in the Aviva (stadium) and to a Christy Moore concert. We don’t want to blame these people.”

Mr Phelan had no recollection of the incident and was unable to make a statement due to dementia. A file was sent to the DPP, but due to his age and capacity, it was decided it was of no benefit to prosecute.