€60k for family of woman who choked

An award of €60,000 was made yesterday to the family of a 74-year-old woman who died in hospital after choking on a piece of food.

Mr Justice Henry Abbot approved the settlement offer made by the HSE to the family of the late Margaret O’Brien.

John O’Mahony, senior counsel for the family, said the late Ms O’Brien was in Cork University Hospital when the fatal incident occurred on May 12, 2014. Mr O’Mahony told the judge at the High Court sitting in Cork yesterday that the deceased was on various medications back in May 2014 and had difficulty checking food which predisposed her to the possibility of a choking injury.

Mr O’Mahony submitted yesterday that the case against the HSE was that they had failed to manage this particular risk and on May 12, 2014, while eating a meal, Ms O’Brien effectively choked on a piece of food.

Mr O’Mahony said the plaintiff’s case against the HSE would have been that mealtime management of Ms O’Brien was inadequate.

Specifically it would have been claimed had the case gone to hearing that there was a failure to set out a care plan for meals which would have directed the nursing staff on the necessary precautions.

Ms O’Brien, of Greenwood Estate, Togher, Cork, was survived by her daughter and four sons.