Elderly woman overcharged by nursing home, court told

A woman in her eighties was overcharged more than €67,000 over a two-year period by the nursing home she resided at, the High Court heard today.

In a bid to recover the money lawyers for retired post mistress Mary Philomena Gogarty (aged 85) obtained freezing orders against Donna Quinn, the joint owner of Riverview Nursing Home, Dublin Road, Trim, Co Meath.

Ms Gogarty's lawyers claimed the defendant intended to dissipate the proceeds obtained from the sale of the premises. The defendant denied the claims and argued that the money could not be repaid until a mortgage on the property had been satisfied.

Earlier this month at the High Court Ms Justice Mary Laffoy granted Ms Gogarty, originally from Summerhill, Co Meath, temporary injunctions restraining Ms Quinn, T/A Riverview Nursing Home, from reducing her assets below €100,000 or from reducing the proceeds of sale of the nursing home below €100,000 until the matter had been fully resolved.

Today at the High Court Mr Justice Patrick McCarthy granted judgment in favour of Ms Gogarty against Ms Quinn for €67,096. The debt was acknowledged by the defendant.

The Judge made the order after the defendant gave an undertaking that Ms Gogarty would be paid from the proceeds of the sale of the nursing home.

Fintan Hurley BL for Ms Gogarty said that in late 2006 his client first entered the nursing home, known as St Anthony's and jointly owned by Ms Quinn and her husband Derek Farrell, of Floraville Drive, Clondalkin, Dublin 22. Counsel added that Ms Gogarty had no family.

Counsel said that until her departure last December Ms Gogarty, who was not entitled to subvention from the HSE, paid her monthly maintenance to the nursing home by cheque.

However in October 2009 Ms Gogarty became concerned that money had been taken from her bank account without her consent or knowledge. Following an examination of statements counsel said that between October 2007 and December 2009 €153,000 was paid to Riverview's account.

The sum due was calculated at €82,000, an overcharge of €71,000. Counsel said that Ms Gogarty's solicitor Mr Joseph Curran became concerned as it appeared that signatures on many cheques were not his clients, and were forgeries.

When the matter was put to the defendant Ms Quinn conceded that Ms Gogarty, who moved to another nursing home as a result of what had occurred, was owed money and said she would repay the money. Following correspondence between solicitors for the parties the debt was acknowledged as being €67,096.

In an affidavit Mr Curran said that proceedings were brought by an elderly lady who had put her trust in the defendant, however that trust has been abused in a most reprehensible manner.

Mr Curran said that last January he learned the nursing home was closed, and up for sale. He said he was informed that the defendants would pay the money when the sale went through.

Mr Curran said that a "Sale Agreed" sign was placed in front of the property last April. However as no undertaking regards the balance from the proceeds of sale was furnished by mid-May Mr Curran became concerned. He said that the defendant intended to dissipate the proceeds of the sale, and that Mr Gogarty would not get her money back.

In an affidavit the defendant's solicitor Noel Gargan said that she was not in a position to discharge the monies due until the property had been sold. Claims that the defendant was trying to secrete the surplus proceeds of the sale were denied.

The majority of monies received from the sale are to be used to discharge a mortgage.

Confirmation that had been completed was only received earlier this week. The court also heard that Ms Quinn and her husband are both currently unemployed.