The family of a young woman who died hours after she was discharged from University Hospital Limerick (UHL) have raised concerns in the High Court that the HSE intends to claim that the 21-year-old was determined to leave hospital.
Eve Cleary, from Corbally, Limerick, 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 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," Dr O'Mahony said.
Earlier this week, the HSE's 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 emergency department was a very unpleasant place for Eve to be unwell.
Mr Mills said Eve did not 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.
Mr Mills 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 21st, 2019, two days after she fell and hurt her leg and went to the emergency 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 allowed to develop a deep vein thrombosis (DVT), a blood clot in her vein and that an opportunity had been 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 O’Mahony 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.
Mr Mills said Eve’s mother had given evidence on the matter and he had simply presented it as an element in the case. He pointed out it was not a major point in the case.
At the opening of the case earlier this week, Dr O’Mahony said Eve was discharged from hospital at 8.30pm on July 20th, 2019. He said Eve was apprehensive about being discharged.
“She said 'I don’t feel well' and asked 'are you sure',” he told the court.
The case continues next week.
