Farmer claims health board kept wife’s brain

A farmer whose wife died over two months after undergoing brain surgery yesterday partially settled his action in the High Court.

Dermot Finn’s 58-year-old wife Noreen, of Faha, Killarney, Co Kerry, died in Cork University Hospital 15 years ago.

He has sued the Southern Health Board, neurosurgeons Timothy Buckley and Charles Marks of Cork University Hospital and Killarney GP, Dr Miriam McCarthy, for damages surrounding his wife’s death.

When the case came before the High Court yesterday, Eoin McCullough, counsel for the neurosurgeons and GP, said there was a partial concession of liability in relation to the medics and an open offer of €300,000 plus costs was being made to Mr Finn. The offer was accepted.

Mr Finn has also brought an action against the Southern Health Board in relation to the alleged retention of his wife’s brain after an autopsy following her death in CUH in Apr 1997.

Opening the case Patrick Keane, counsel for Mr Finn, said the case against all four was for alleged medical negligence arising out to the death of Mrs Finn.

Mr Finn, he said, is also claiming damages against the Southern Health Board for the alleged retention of tissue removed from his wife. He said Mr Finn had given permission for the autopsy on his wife on condition that none of her organs would be retained.

It is claimed that Mrs Finn, who ran a farm and a cheese-making business with her husband, had been referred to the neurosurgical department of CUH in Jan 1997. She had previously had brain surgery five years earlier. She had further brain surgery on Feb 11, 1997.

Three days later, it is claimed, it was noted that she was showing signs of respiratory tract infection and a diagnosis of aspiration pneumonia was made on Feb 18. Two days later, it is claimed she was ventilated and her condition deteriorated and was further complicated by an infection. Mrs Finn died on Apr 23, 1997.

It is claimed Mrs Finn’s death was caused by the alleged negligence and breach of duty of the defendants. It is further claimed against the health board it wrongfully retained the brain matter and negligently failed to return it to Mr Finn for proper burial despite repeated requests to do so.

It is claimed that the retention of the brain has been a source of great anguish, upset, and distress to Mr Finn and his family.

Mr Finn, counsel said, suffered a prolonged grief reaction and this has been aggravated by the alleged retention of his wife’s brain.

The case relating to the alleged organ retention continues today.