HSE boss offered Eve Cleary's family counselling that never happened, court told

The court heard that Bernard Gloster, the CEO of the HSE. offered private counselling which the HSE would pay for. File picture: Arthur Ellis

The head of the HSE offered the grieving family of Eve Cleary who died hours after she was discharged from University Hospital Limerick free private counselling, but it never happened, the High Court has heard.

The mother of 21-year-old Eve Cleary said they were delighted in a meeting with the new HSE CEO Bernard Gloster on May 12, 2023, four years after Eve’s death to be offered the counselling but “nobody got back about it”.  

Melanie Sheehan Cleary from Limerick also told how a systems analysis review took place into Eve’s clinical care, but the family were not asked to participate.

HSE counsel, Simon Mills SC, cross-examining on the fifth day of the Cleary family action against the HSE over Eve’s death put it to Mrs Cleary that a systems analysis review concluded there had not been failings.

“Eve’s family were never interviewed. They did not have all the facts to review anything,” Mrs Cleary replied.

Eve Cleary (21), from Corbally, Limerick, died in the early hours of July 21, 2019, just over three hours after her discharge from UHL and two days after she fell and hurt her leg and went to the UHL A&E Department, where she spent 17 hours on a trolley in a corridor before getting a bed.

Eve’s mother told Ms Justice Emily Egan “there is no cure for a broken heart“ and the first 18 months after Eve collapsed and died “were horrific.” 

Mrs Cleary told the court when Mr Gloster became the new CEO of the HSE, she emailed him and his secretary made contact and said he would love to meet herself and her husband, Barry. She said at the May 2023 meeting, access to counselling was discussed and Mr Gloster offered private counselling which the HSE would pay for.

Independent examination

An independent examination into the death of Eve was announced by the HSE CEO soon after the meeting with Eve’s parents in May 2023 and Mrs Cleary said in court, she was told she was not allowed to contact the CEO personally during the process.

The Cleary family counsel, Dr John O’Mahony SC with Doireann O’Mahony BL, put it to Mrs Cleary that she was “barred from further communication”. Mrs Cleary replied: “While the investigation was taking place, I could not contact him.” 

Asked if Mr Gloster had indicated any solution they could seek if the HSE did not get back to them in relation to counselling, she said no. “We were delighted to be offered it and we were disappointed," she said.

Mrs Cleary told the court the independent examination sanctioned by the CEO was halted in October last year because she was told they could not contact Dr Gerry Burke, who had been Chief Clinical Director of the UL Hospitals Group at the time of Eve’s death, but has since retired.

Asked by Dr O’Mahony what she thought of the fact that nobody had a number for Dr Burke, she said she found it “extraordinary they could not find him. I found it ridiculous”. 

Barry Cleary and his wife Melanie Sheehan Cleary outside the Four Courts where they have brought an action against the HSE over the death of their daughter Eve Cleary in 2019. Mrs Cleary told how a systems analysis review took place into Eve’s death, but the family were not asked to participate. File photo: Collins Courts

Eve’s 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.

At the start of Mrs Cleary’s cross-examination on Wednesday, counsel for the HSE Simon Mills SC said he wanted to repeat how sorry he and the HSE legal team were that Eve died and he said all of the staff at UHL are sorry Eve died.

Eve Cleary died in the early hours of July 21, 2019, just over three hours after her discharge from UHL and two days after she fell and hurt her leg and went to the UHL A&E Department, where she spent 17 hours on a trolley in a corridor before getting a bed. File photo: RIP.ie

He referred to the July 31, 2019, meeting between the Clearys and Dr Gerry Burke and other hospital representatives 10 days after Eve’s death in which Mrs Cleary says Dr Burke was crying and said Eve was failed from the minute she walked in the UHL door and in which she says Dr Burke apologised on behalf of UHL for Eve’s death.

Counsel put it to Mrs Cleary Dr Burke was not in a position to apologise if there had not been an investigation and that Dr Burke saying sorry was saying sorry “in a sense of sorry for your loss.” Mrs Cleary replied that what Dr Burke said “he said on behalf of UHL”. 

Ms Justice Emily Egan at the conclusion of the day’s hearing urged the parties to “engage”. The case continues.