Family of man who died in Cork prison take action for damages

Cork Coroner’s Court called for an independent review of all medical care in Cork Prison following the death of 29-year-old Andrew Gearns

Andrew Gearns' brother Evan, mother Aideen, and sister Jemma Gearns at the inquest into his death in 2023, at Cork Courthouse, Washington Street, Cork. Picture: Larry Cummins

The family of a father-of-two who died in Cork Prison have filled a case in the High Court for damages following his death.

Andrew Gearns, aged 29, died in October 2020 by suicide. His inquest in 2023 heard that he had been in serious mental distress in Cork Prison before his death, suffering delusions about being stabbed and calling out for his mother. He had some six risk factors for suicide but he was seen by prison medical staff for less than five minutes on the day of his fatal attempt on his own life.

Cork Coroner’s Court called for an independent review of all medical care in Cork Prison following his death.

Mr Gearns’ mother, Aideen Gearns, is the plaintiff listed on court documents and the Irish Prison Service (IPS) is the defendant. 

The Gearns’ case alleges that the IPS was negligent and breached its duty of care of Mr Gearns.

It also alleges that the IPS, by placing the deceased in a single occupancy cell, without due or reasonable medical or psychiatric screening, pre-caution, or treatment, and without due, regular, or substantive observation, breached the deceased’s constitutional right to life, and bodily and psychological integrity, under Article 40 of the Constitution.

Andrew Gearns, left, with his brother Evan.

It also alleges that the IPS was in breach of positive obligations to take steps to protect the life of the deceased. This alleged breach was both under the Constitution of Ireland, and pursuant to obligations and norms provided by the European Convention on Human Rights (ECHR), the Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, court documents state.

Frank Buttimer & Co solicitors confirmed that they are pursuing a legal action against the State on the instructions of the family of the late Mr Gearns to seek redress resulting from the loss of their family member. 

Mr Gearns, a former engineer from Model Farm Rd in Cork, developed a debilitating drug addiction after he was prescribed benzodiazepines for pain following a car crash.

He was committed to Cork Prison on September 22, 2020 "at a low ebb" to serve a two month sentence on a charge of assault causing harm.

Over the next few days, he displayed clear signs of severe mental instability including hallucination, the court documents state.

He was found unresponsive in his cell on September 28, 2020, after an attempt on his own life and died later in hospital.

“Since the death of the deceased the plaintiff and the statutory dependants of the said Andrew Gearns have suffered mental distress, loss and damage as a result of his death," court documents state.