Family of woman hurt in bed fall sues for €48k

A nursing home was sued for €48,000 yesterday by the family of an elderly woman who was injured when she fell out of bed during the night.

Mary O’Mahony, aged 89, late of Model Village, Tower, Blarney, Co Cork, suffered facial cuts and fractured ribs when she fell out of bed at the Madonna House retirement home on Station Rd, Ballincollig, on February 8, 2011. She was taken to Cork University Hospital but died there on March 22, 2011.

John O’Mahony SC, for Bridget Siebold, daughter of the deceased, who brought the action to the High Court, said the settlement offer by the defendants represented the full value of the case and he had no hesitation in recommending the settlement to the court.

Mr Justice Michael Moriarty approved the settlement and said to Ms Siebold: “Sorry for the sadness you have had in the matter; it is better it is brought to finality.”

Speaking about the fall, Mr O’Mahony said: “Care was wanting. She should not have been free to be unattended and fall in this fashion.

“On the particular night in 2011 one of the care assistants heard a scream from a nearby room. She went to ascertain what was amiss. Ms O’Mahony was down on the floor. She was obviously unwell. Her face was cut and she was cut above the eyelid. There was concern obviously for her.

“The member of staff who found her, and her colleague went to Ms O’Mahony’s assistance. She was put sitting on a chair and the lacerations to her face were attended to. They were cleaned and they were dressed.

“She had difficulty in breathing. She was 89.

“It transpired she had fractured ribs. She was transferred to CUH on the night of February 8, 2011.

“Clearly this was a major event in terms of insult to her overall health.”

“She developed pneumonia and tragically she died on March 22, 2011. This case in reality is targeted against the nursing home.

“There obviously would be a fight [on liability if the case went to trial] but on balance the plaintiff would succeed. Personally I am very satisfied with the outcome. I don’t think any further damages could be achieved no matter how hard the case was driven.”

Referring to the €48,000 on offer, the judge said: “It is probably the best that can be procured from a rather sad and tragic situation.”

The judge gave judgement against Cana Retirement Services Ltd, the company which ran Madonna House.

Mr O’Mahony said on behalf of Ms Siebold: “The loss of a dearly loved mother was the basis on which the claim was mounted… I believe we have gotten the full value of the case.”