Father who claimed son got substandard care settles case

The father of a 14-year-old boy who it was claimed received alleged substandard care while in a respite home over 20 years ago has settled his High Court action.

David Cotter from Blarney Street, Co Cork, had sued the HSE and the Cope Foundation where his son Bryan was in respite in care in Montenotte, Cork city in January 1992.

On the second day of the case yesterday Mt Justice Kevin Cross was told the case against the HSE could be struck out and the action against the Cope Foundation had been settled without an admission of liability.

Mr Justice Cross congratulated both sides for settling what he said was a difficult and very sad case.

The judge also commended Bryan Cotter’s parents, David and Margaret for their care of their son until his death in 2010. At the opening of the case senior counsel Dr John O’Mahony said it was a very tragic and sad case. Bryan Cotter was admitted to the Cope home for respite care, after which, it was alleged, he went downhill dramatically physically and mentally.

DISCOVER MORE CONTENT LIKE THIS

It was claimed that Bryan Cotter was admitted to Unit B at the Cope Foundation on January 3, 1992, for specialist care. It was also claimed there was an alleged failure to protect the boy from attacks from co-patients and an alleged failure to properly investigate and seek an explanation for bruising.

It was futher claimed that by January 11, 1992, Bryan Cotter’s condition had further deteriorated and three days later he was unsteady on his feet and falling. His clothes, it was claimed were torn off by another patient and he allegedly continued to be attacked by co patients including one man who kicked him on the floor.

It was further alleged that Cope failed, refused and neglected to provide the approriate medical care to Bryan Cotter and that his treatment was substandard. All the claims were denied.

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

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

DISCOVER MORE CONTENT LIKE THIS