Statement of John Whelan Solicitor following the Ruling in the case of Joseph Flynn -v- The HSE in which case significant Patient Safety issues arose:

Esther Flynn was only 54 years of age when she died on 26th May 2022.  She was a devoted wife, mother, grandmother, sister and daughter to a close and loving family.

According to medical experts engaged by her family, Esther’s death resulted from the alleged excessive administration of anticoagulant medication by University Hospital Waterford, which led to a fatal brain haemorrhage. The hospital disputes this finding, and to date, has declined to accept liability or offer an apology.

Esther’s family remains deeply distressed by the absence of any meaningful explanation or acknowledgment from the hospital since her passing. This concern has grown in light of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023, which now legally requires healthcare providers to provide both an explanation and an apology to families affected by serious medical incidents.

While the legislation came into effect after Esther’s death, her family believes it reflects what should have been standard practice all along - that patient safety incidents are met with openness, accountability, and compassion.

A sum representing the full value of the solatium has been ruled by the Court and a further sum for damages and legal costs has been offered by the hospital to settle the matter.   This offer has been made without any admission of liability.  The family have made an application to the Attorney General under Section 24 of the Coroners Act, seeking an inquest into Esther’s death based on available medical evidence, including new expert reports from a Consultant Physician and Consultant Haematologist.

While the family welcomes progress through mediation, they are saddened that there is currently no legal mechanism for the Court to require an apology, even in cases where the emotional and human need for one is clear. They hope this case will serve as a reminder of the importance of patient safety, full disclosure, and dignity for families facing the aftermath of avoidable harm. They also hope that this will not happen again to another family.