Savita Halappanavar legal action settled for ‘substantial sum’
Among the claims by Praveen Halappanavar, aged 38, it was alleged the HSE “placed far too great an emphasis on the existence of the foetal heart beat” while his wife was under its care and ignored her own rights, particularly her right to life and right to appropriate medical treatment while she was under its care.
As a result of her death, her husband had lost her society, affection and love and he and her family have suffered great mental distress, upset and hurt, the claim stated. Ms Halappanavar had “enjoyed a good life” and was in good health and her life was shortened by the HSE’s “negligence and misconduct”.
Damages, including aggravated, punitive and exemplary damages, were sought for negligence, breach of constitutional rights, breach of duty and failure to vindicate Ms Halappanavar’s constitutional rights, including her right to life.
The HSE had admitted the death of the 31-year-old woman was wrongful, Mr Justice Kevin Cross was told yesterday.
In a four paragraph defence, the HSE said it did not require proof Ms Halappanvaar’s death was a wrongful death within the meaning of the Civil Liability Act and/or occurred as a result of breach of duty on the part of the defence. Liability was “not in issue”, the defence also stated.
Ms Halappanavar was pregnant with her first child when she presented at University College Hospital, Galway, on October 21, 2012, hospital with pains. She died a week later after miscarrying and contracting E coli, leading to septic shock.
An inquest into her death was told she repeatedly asked for a termination but, because a foetal heartbeat was detected and her life did not appear to be in danger at that time, an abortion could not be carried out under the law.
In the action brought by her husband Praveen on his own behalf and on behalf of her dependants, it was claimed the HSE had an obligation to treat his wife in line with the obligation to protect and vindicate her right to life in accordance with the Constitution.
By failing to take the necessary steps to protect her life, the HSE placed too great an emphasis on the position of the foetus in her body which had “no possibility of survival”, it was alleged.
When the case by Mr Halppanavar, with an address at Roscam, Galway, was called yesterday, Eugene Gleeson SC, for Mr Halappanavar, said it had settled.
The settlement is confidential but is believed to include a substantial payment to Mr Halappanavar.
Declan Buckley SC, for the HSE, said all aspects of the case had been agreed and the entire proceedings could be struck out with no orders.
The judge made the strike out orders and, on the application of Mr Gleeson, also made orders for the equal distribution of an additional sum of €35,000, payable under the terms of the Civil Liability Act, between Mr Halappanavar and his late wife’s dependants .
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