Damages ruling due next month

A judge has yet to decide on the amount of damages a woman should receive over the death of her partner at Mercy University Hospital, Cork.

Damages ruling due next month

Mr Justice Anthony Barr yesterday finished hearing evidence in the case of Geraldine Barry who has sued the hospital over the post-operative care of her partner Chris Sayer, who died on April 19, 2010, from septic shock.

Ms Barry, aged 44, of Lakemarsh, Church Cross, Skibbereen, Co Cork, has also brought an action for nervous shock as a result of the death Chris Sayer, 70.

Jazz musician Mr Sayer, who suffered from cancer, had a colon operation at the Mercy University Hospital on March 11, 2010.

Initially, he appeared to make a good recovery, but subsequently became unwell on the evening of March 15, 2010 and developed septic shock due to a leak and had to have further surgery on March 17, 2010.

It was claimed the hospital staff at Mercy University Hospital did not act with due speed in diagnosing and treating the leak.

Over the following weeks, his condition did not improve and he died on April 19, 2010.

The court heard the hospital admitted liability in relation to Mr Sayer’s post operative care on March 16 and March 17, 2010, and the case is before Mr Justice Anthony Barr for assessment of damages only.

During the hearing to assess damages, the Mercy University Hospital offered sincere condolences to Ms Barry and an apology for the distress caused.

Yesterday, Mr Justice Barr made arrangements for written legal submissions and the case will be mentioned in court again on November 3.

In evidence yesterday, psychiatrist Mairead O’Leary for Ms Barry’s side said that to protect her mental health, Ms Barry could not work and if she went back to work she could get a relapse of her depressive condition.

A psychiatrist for the Mercy University Hospital side, Kenneth Sinanan, said that it would be good for Ms Barry to be valued and paid for work.

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