'Eve’s name will live on': Limerick family settle against hospital over daughter's death

University Hospital Limerick said it 'will be introducing a rolling audit programme on recognising, reducing and managing VTE' in Eve’s memory

Eve Cleary pictured on July 18 the day before she was admitted to UHL and just days before she died.

The family of Eve Cleary has settled a High Court action over the death of the 21-year-old who died hours after she was discharged from University Hospital Limerick and told to go home and rest.

As part of the settlement the HSE and the hospital in a statement to the High Court expressed “sincere condolences and deep regret” on the “untimely death” of Eve. The High Court heard that the settlement is without an admission of liability.

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 where she spent 17 hours on a trolley and died over three hours after she had been discharged from the hospital and told to go home and rest.

During the High Court case, a medical expert on the Cleary side said if Eve Cleary had been given an anti-coagulant it would have prevented her from developing the blood clot in her lung which led to her cardiac arrest and death. The HSE denied all the claims.

The family’s counsel, Dr John O’Mahony SC with Doireann O’Mahony BL, on Tuesday told the High Court it was their case if Eve had a blood clot VTE risk assessment she would have been given the anti-coagulant heparin and it would have protected her “from the dreadful outcome”. 

Eve Cleary 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 where she spent 17 hours on a trolley and died over three hours after she had been discharged from the hospital and told to go home and rest.

Counsel said it was a tragic case. The details of the settlement are confidential. The HSE UHL statement read to the court said: “On behalf of the hospital and staff and the HSE I wish to offer our sincere condolences and deep regret to Melanie, Barry and Eve’s family on Eve’s untimely death.

"The hospital has taken on board the issues and concerns raised by the Cleary family and we wish to reassure them that UL Hospital Group strives at all times to optimize patient care.

”In memory of the late Eve Cleary and in the spirt and name of her legacy the management of the hospital will be introducing a rolling audit programme on recognising, reducing and managing VTE on a quarterly basis with its findings being shared with the governance group. This will inform our quality improvement programmes across the UL Hospitals Group.” 

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, had sued the HSE over her death and also for mental distress.

It was 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 anti-coagulant heparin on admission.

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

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 the court that she, her husband and family were relieved the court battle was over. Photo: Collins Courts

After six days at hearing before a High Court judge and mediation talks, the settlement over the death of the 21-year-old was announced in the High Court. Dr John O’Mahony SC, instructed by solicitor Siobhan Fahy, said it was a horrifically tragic case for the the Cleary family.

Eve’s mother told Mr Justice Paul Coffey on her seventh day in court that she, her husband and family were relieved the court battle was over. She said, to the family, sorry meant more than compensation.

Noting the settlement, Mr Justice Coffey extended his deepest sympathy to the Cleary family. The judge who heard the six days of evidence, Ms Justice Emily Egan, also extended her sympathy on the Cleary's "unimaginable loss".

Family reaction

Outside court Eve’s mother Melanie said: “Today was the first time in four-and-a-half years I felt peace. We are very proud to see the protocol happen and that Eve’s name will live on in this legacy. 

"We want to see lives saved and DVT blood clots caught early. We don’t want another family to go through what we have been through. During this case, it felt like we were on trial, it was so difficult."

She said her five other children had sent a message to be read out.

It said: “Our beautiful sister Eve was kind, caring and full of love. What happened her should not have happened. She was such a good person with so much left to give.

We miss her every day of our lives. She was taken way too soon. We love you so much Eve.

Mrs Cleary continued: ”And to Eve, me and Barry would like to say we love you to the moon and back. We miss you. Rest in peace.” 

Eve’s father, Barry said his daughter had done the right thing “and it cost her, her life.” He said he felt afterwards “her death was trying to be rewritten“. 

The family’s solicitor Siobhan Fahy said it was a good day for justice but “a great day for the memory of the late Eve.” She said “this long and hard-fought battle was all about Eve.” 

“The parents of the late Eve and the Cleary family have been through hell,” she said outside the Four Courts.

She added the HSE have now agreed to implement a VTE blood clot risk assessment review and protocols at UHL and the UHL Group in Eve’s memory, legacy and name.

“The cause was worth the fight, the healing process now begins,’ “ she said