€520k after man bled to death while using gel

A woman whose husband bled to death after he was given a mouth gel in a pharmacy which reacted to his blood-thinning medication has settled her High Court action for damages for over €520,000.

The High Court heard Donal “Donie” Kelleher, aged 63, of Mogeely, Co Cork, bled to death when the gel dispensed 16 days previously for a mouth infection inter-reacted to the Warfarin medication he was taking for his heart condition.

Ms Justice Mary Irvine who ruled the total settlement of €520,350 was yesterday told Mr Kelleher’s reaction was “off the scale”.

Ann Kelleher, of Deerpark, Carrignashinny, Mogeely, Co Cork, sued pharmacist Joseph Kelly trading as Castle Pharmacy, Castlemartyr, Co Cork.

Mr Kelleher used the gel twice daily for five days. He developed a haematoma on the fifth day and pains in his stomach on the seventh. On the eighth day he attended the South Infirmary/Victoria Hospital, Cork and was admitted to the emergency department. He died on Sept 29, 2003.

The couple had been married for 37 years and it was claimed she suffered severe shock as her life revolved around her husband.

Karen O’Driscoll SC told the High Court that Mr Kelleher had an under-active thyroid gland and atrial fibrillation of the heart. He was prescribed Thyroxine for the thyroid and Warfarin for his heart condition.

In Sept 2003, Mr Kelleher started to complain of soreness in his mouth and his wife attended Castle Pharmacy. She described her husband’s symptoms to the pharmacist and informed him of the prescription medication that he was taking. Daktarin oral Miconazole gel was dispensed.

It was claimed that owing to the negligence and breach of duty, the gel was prescribed and dispensed for the use by Mr Kelleher who in turn used it as instructed. It was claimed that as a result an inter-reaction took place between the Daktarin oral Miconazole gel which resulted in Mr Kelleher developing a spontaneous inter-cerebral haemorrhage.

Mrs Kelleher, it was claimed, suffered severe mental distress, personal injuries, loss, and damages as a result.

Joseph Kelly, trading as Castle Pharmacy, was negligent, it was alleged, in causing Daktarin oral Miconazole gel to be advised for use or to be sold or dispensed for the use of Mrs Kelleher’s husband when he knew or ought to have known that Miconazole can potentiate the effect of Warfarin into the development of a spontaneous inter-cerebral haemorrhage which was fatal in the circumstances.

It was claimed that Mr Kelly, trading as Castle Pharmacy, failed to properly advise Mrs Kelleher of the potential inter-reaction between Daktarin oral Miconazole gel and Warfarin and failed to refer her to a doctor. It was further claimed she was exposed to severe shock with the sudden and distressing circumstances of her husband’s deterioration and sudden death.

The settlement relates to Mrs Kelleher’s action in relation to the death of her husband and her own claim for nervous shock as a result of his death.