Nursing home issues letter of regret as family settles case over elderly Corkman who died after fall

Noel O’Sullivan died from a traumatic brain injury with brain swelling in his 10th fall at Bon Secours Care Village, it was claimed

Noel O'Sullivan, who was a resident of Bon Secours Care Village when he fell.

A Cork nursing home has offered “sincerest regrets” to the family of a 93-year-old man who died days after what was claimed was his 10th fall in the care home.

The letter of regret was read out in the High Court as the family of Noel O’Sullivan, Ballinlough, Cork, settled on confidential terms a legal action over his death.

Father of five and grandfather to nine, Mr O’Sullivan, an autopsy later showed, died from a traumatic brain injury with brain swelling. In the 10th and last fall at the Bon Secours Care Village on the Lee Road in Cork on October 12, 2020, it was also claimed he fractured his hip and a wrist. He died six days later in hospital.

The settlement is without an admission of liability The family’s counsel, Pearse Sreenan SC instructed by Cantillons Solicitors, told the High Court the elderly man suffered a fall in his bedroom at Bon Secours Care Village in the early hours of October 12, 2020. 

He said in the space of eight months, Mr O’Sullivan had suffered nine other falls in the nursing home He said an expert care consultant on their side would have said there were alleged “multiple systemic failures” in the way. 

Mr O’Sullivan was cared for. The details of the settlement are confidential. The case was before the High Court for the division of the €35,000 mental distress statutory payment only.

Noel O’Sullivan with his daughter Regina Nolan, who had brought the proceedings on behalf of the extended family over her father's death.

The Bon Secours Health System on behalf of the management and staff of the nursing home in a letter read to the court offered “ sincerest regrets “ to the O’Sullivan extended family on the tragic death of Noel.

It said it acknowledged the experience was devastating “and that it continues to have a profound and lasting effect” on the family.

The letter, signed by the Bon Secours chief nursing quality and patient officer Margaret McHugh, added: “We appreciate that your experience with the nursing home here in this sad time did not meet expectations and we offer our sincerest regrets.” 

In a statement outside court, Mr O’Sullivan’s daughter Regina Nolan said her father was a kind, caring man with a wonderful social conscience.

“He deserved better,” she said.

She said while Bon Secours Care Village had conveyed regret, she hoped her father’s case served as a turning point “that nursing home care must have thorough and regular independent evaluations”. 

Regina Nolan of Ballinlough, Cork had sued Bon Secours Health System trading as St Joseph’s Hospital, Bon Secours Care Village, Lee Road, Cork.

Mr O’Sullivan, who had mild dementia and impaired mobility, was admitted to the Bon Secours Care Village on March 24, 2020. He was given a fall risk assessment and was deemed at high risk of a fall and was also deemed to be totally dependant.

It is claimed that between March 24, 2020 and October 12, 2020, the pensioner while in the nursing home fell on at least 10 occasions. According to records, his first fall was the day he was admitted to the nursing home.

It was claimed the second recorded fall was on April 14 as Mr O’Sullivan was transferring himself from a wheelchair to an armchair. In the following month, it was claimed there were two further falls.

There were further falls, it was claimed, recorded in June 2020 and he suffered a laceration to the back of the head.

There were, it was further claimed, two more falls recorded in July and August 2020.

On October 12, 2020, it was claimed Mr O’Sullivan was found on his bedroom floor in the early hours It was recorded he had a graze and a bump on his forehead, a painful left shoulder and bruising to his left hip. He was put to bed and seen by a doctor six hours later at 8am and transferred to a hospital at 9.30am.

He was X-rayed and found to have a fracture to his femur, left wrist, and a brain bleed. He also had to have a hip operation and his wrist was put in a cast.

Mr O’Sullivan died on October 18, 2020, and an autopsy noted the primary cause was a traumatic brain injury, with brain swelling due to a fall.

It was claimed there was an alleged failure to have any or any adequate policies or procedures in place to identify residents who were at risk of falling and to ensure measures were adopted to minimise the risk of falls. 

It was further alleged there was an alleged failure to adequately supervise and monitor Mr O'Sullivan when mobilising. The claims were denied.

Noting the settlement, Mr Justice Paul Coffey extended his deepest sympathy to the O’Sullivan family.

At the inquest two years ago into Mr O’Sullivan’s death, the Coroner’s Court heard a new post-fall protocol has been developed for residents at the nursing home who suffer major or serious injury.