Father claims son received sub-standard respite care

The father of a then 14-year-old boy who it is claimed received alleged sub-standard care while in a respite home over 20 years ago has brought a High Court action for damages.

David Cotter from Blarney St, Cork City, has sued the HSE and the Cope Foundation where his son was in respite in Montenotte, Cork, in January 1992.

Opening the case, senior counsel John O’Mahony said it was a very tragic and sad case. Bryan Cotter, he said, was a young man who had a moderate handicap and lead a quiet, normal life and was treasured and cherished by members of his family.

He entered respite care at the Cope Foundation, Montenotte, in 1992, when he was 14 and it is alleged he went downhill dramatically physically and mentally.

It is claimed that Bryan was admitted to Unit B at the Cope Foundation on January 3, 1992 for specialist care. It is claimed there was an alleged failure to protect the youth from attacks from co-patients and an alleged failure to properly investigate and seek an explanation for bruising. It is further claimed that by January 11, 1992, Bryan’s condition had further deteriorated and three days later he was unsteady on his feet and falling.

His clothes, it is claimed, were torn off by a patient and he allegedly continued to be attacked by co-patients, including one man who kicked him while on the floor.

It is alleged Cope failed, refused, and neglected to provide the approriate medical care to Bryan and that his treatment was substandard.

He was brought to Cork Regional Hospital on January 18 and it is alleged he had had extensive bruising. It is claimed the HSE failed, refused, and neglected to carry out proper investigation of Bryan’s condition and released him from hospital when he was still acutely ill.

All the claims are denied by the defendants.

Counsel told the court Bryan was rushed back to hospital on January 21, 1992, after it was discovered he had pneumonia and he remained in hsopital until May 22, 1992. A CT scan also showed he had a mass on his brain.

John O’Mahony told the court there was a dramatic deterioration in Bryan’s condition after he entered respite care. His side conteded the level of care delviered to him at Cope was of a poor standard. Counsel said Bryan never regained his pre-admission status and was cared for by his parents until his death in 2010.

The case continues today.

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