Eve Cleary's family upset at HSE suggestion that she wanted to be discharged from UHL

HSE counsel said his instructions were that the evidence on his side will be that Eve was so determined to leave that a discharge against medical advice form had been prepared

Barry Cleary and his wife Melanie Sheehan Cleary are “very troubled and upset "at the HSE suggestion Eve wanted to be discharged from hospital. Photo: Collins Courts

The family of Eve Cleary, who are suing the HSE over her death hours after she was discharged from University Hospital, Limerick have raised concerns in the High Court that the HSE intends to claim that the 21-year-old was allegedly determined to leave hospital.

Eve Cleary from Corbally, Limerick, who had hurt her leg, the High Court has previously heard, was in UHL for a significant period of time and on a hospital trolley in a corridor where there was a stench of urine.

In the High Court on Friday, counsel for the Cleary family Dr John O’Mahony SC with Doireann O’Mahony BL told the court the family was “very troubled and upset "at the HSE suggestion Eve wanted to be discharged from hospital, “which had been made in court during the course of the case".

“I am instructed on behalf of the family that they are very troubled and upset by this," counsel, instructed by solicitor Siobhan Fahy, said.

Earlier this week, HSE counsel Simon Mills SC during cross-examination of an intensive care specialist on behalf of the Cleary side said Eve’s mother had previously told the court that the hospital A&E department was a very unpleasant place for Eve to be unwell. He said Eve didn’t want to be there.

Ms Justice Emily Egan interjected to say Mrs Cleary’s evidence had been that Eve spoke to her mother and said she wanted to go home but her mother advised her to stay.

Eve Cleary, who had hurt her leg, the High Court has previously heard, was in UHL for a significant period of time and on a hospital trolley in a corridor where there was a stench of urine. Photo: David Raleigh

Counsel said his instructions were that the evidence on his side will be that Eve was so determined to leave that a discharge against medical advice form had been prepared. The blank form was not signed but had a sticky note on it.

Eve Cleary (21), from Corbally, Limerick, died in the early hours of July 21, 2019, two days after she fell and hurt her leg and went to the A&E department of the Limerick Hospital and over three hours after she had been discharged from the hospital and told to go home and rest.

Her parents Barry Cleary and Melanie Sheehan Cleary and her sisters Kate, Elizabeth, Sarah, and Emma and her brother Sean, all of Corbally, Co Limerick, have sued the HSE over her death and also for mental distress.

It is claimed that Eve was allegedly allowed to develop a deep vein thrombosis (DVT), a blood clot in her vein and that an opportunity had been allegedly missed at the hospital to put her on the anticoagulant Heparin on admission.

The HSE accepts a formal risk assessment in relation to blood clots was not done but has denied all other claims. The HSE, the court heard, does not accept the failure to carry out the risk assessment was a breach of duty. It says the treatment and management of Ms Cleary was reasonable and appropriate. 

In court on Friday, Dr John O’Mahony SC said there was no reference in the case papers as to the suggestion that Eve allegedly wanted to be discharged from hospital and it was not pleaded in the HSE defence.

HSE counsel, Simon Mills SC, said Eve’s mother had given evidence on the matter and he had simply presented it as an element in the case. Counsel pointed out it was not a major point in the case.

At the opening of the case earlier this week, Dr O’Mahony SC said Eve at 8.30pm on July 20, 2019, was discharged from hospital. He said Eve was apprehensive about being discharged.

“She said I don’t feel well and asked 'are you sure?'” Counsel told the court.

The case continues next week.