A Limerick family’s legal battle over the death of their father has finally come to an end, with University Hospital Limerick (UHL) apologising unreservedly in the High Court.
The apology to the family of Michael Daly Snr, of Limerick city, was read out in the Four Courts as 16 members of the Daly family attended High Court number one to hear the announcement that the family’s action over the 64-year-old man’s death had been settled.
Father of six Michael Daly Snr died in 2010, following what his son Mike Daly Jnr later described as “horrendous suffering” after a bowel operation in 2007.
After the surgery, he continued to suffer from post-operative bleeding and pain, and endured multiple hospital admissions and attendances between 2008 and March 2010, when his condition deteriorated with evidence of sepsis.
Mr Daly Snr was transferred to hospice care on April 6th, 2010, and died the next day.
On Thursday, the family’s counsel, Doireann O’Mahony BL, told the High Court that Mr Daly Snr went through a “horrendous ordeal” and there were numerous admissions and discharges from UHL in 2008 and 2009, until his death in 2010.
The family, she said, had spent the last 14 years “tirelessly and relentlessly” asking for justice over their father’s death.
“It is a sad but also a great day for the Dalys. It is momentous day.
“The Dalys want the court to know Mr Daly Snr was a great man, a gentleman and a great father and grandfather,” Ms O’Mahony said.
Inquest
Counsel told the court after an inquest returned a verdict of natural causes, Mr Daly Jnr and the family campaigned and went through Mr Daly Snr’s medical records.
Counsel said a second inquest was granted, and new evidence was presented which showed Mr Daly Snr had an infection and developed sepsis before he died.
She said the HSE admitted a breach of duty in relation to the care received by Mr Daly Snr at UHL, and a confidential settlement was reached after mediation.
A letter from the UL Hospitals Group, which was read to the court, said the hospital admitted liability and “apologised unreservedly” to Mr Daly’s widow Mary and the Daly family “for the hurt, stress and upset caused”.
“Regrettably, investigations have shown that aspects of the care received by Mr Daly did not reach the standards that could be expected,” the letter said, offering sincere sympathies on the death of Mr Daly Snr.
In court, Mr Dalys Snr’s 14-year-old granddaughter Layla read a statement on behalf of the family, describing her grandfather as a “hard-working man who always provided for his wife and kids”.
“He was always there for all of us as kids, and later on in life, as adults, he enjoyed spending time with all his grandchildren, always having a laugh with them.”
They said through their memories and stories he will always be remembered “for the great man he was”.
The statement concluded: “Today is the day we waited for for so long. You can rest now Dad, Grandad finally. We will love you forever; you will never walk alone.”
In recent years, the Daly family fought to have a second inquest into Mr Daly Snr's death after the first inquest, held two years after his death, recorded death by natural causes. The second inquest, held last year, recorded a verdict of medical misadventure.
Had the truth been told to us at the time, we would not have had to endure this prolonged struggle.
Outside the Four Courts on Thursday after the settlement of the case against the HSE, Mr Daly Jnr thanked all those who had reached out and given the family unconditional support throughout the years.
“We have finally achieved recognition that our father's death was not due to natural causes. Had the truth been told to us at the time, we would not have had to endure this prolonged struggle, which ultimately resulted in a historic second inquest into our father’s death.”
He added: “Today, with the admission of liability and the public apology, we can finally close this awful chapter in our pursuit of justice for our father. Our case against the HSE has concluded.”
Mr Daly Jnr said it was imperative that what happened to their father never happens to another person again, adding that he hoped a non-statutory enquiry into the matter would ensure this.
Hr said he also feels compelled to write a book about what happened to ensure his father’s story is told.
Last year, a verdict and cause of death in the circumstances of the death of the father of six were changed following a second inquest.
Limerick coroner John McNamara recorded a verdict of “medical misadventure” in the Daly case. A verdict of natural causes was recorded at the original inquest held in 2012.
The second inquest heard that Mr Daly’s son, Michael Jnr, discovered information which had not been available at Mr Daly Snr’s autopsy in April 2010 while trawling through his late father’s medical notes.
The coroner also formally recorded that the findings from the 2012 inquest on the cause of Mr Daly’s death be modified from cardiac failure to cardiac failure and cardiac disease on a background of recent bowel cancer, surgery, infection, sepsis, and peritonitis.
The coroner’s updated verdict and cause of death was based on a review of the case by retired state pathologist Marie Cassidy, who was commissioned by the coroner as an independent expert witness.
In the High Court proceedings against the HSE it was claimed there was a failure to treat Mr Daly in an appropriate manner and a failure to pay proper attention or heed the nature and extent of the symptoms complained of by Mr Daly.
Mr Daly Snr developed rectal cancer in March 2007 and a cancerous tumour was removed from his bowel. He subsequently developed a leak, which is a risk associated with this type of procedure.
It was noted by the coroner at the second inquest that Mr Daly had multiple attendances and admissions and subsequent discharges from UHL from 2008-2010, and throughout this period he suffered symptoms consistent with chronic inflammation.
The details of the settlement are confidential, and the case was before the court for the division of the €35,000 statutory mental distress payment only.
Noting the settlement, Mr Justice Paul Coffey extended his deepest sympathy to the Daly family.
