Virgin Media anchor settles case over her father’s death
VIRGIN Media news anchor Colette Fitzpatrick has settled a High Court action she took against the HSE over the ‘avoidable’ death of her father.
She and her sister, Olivia, sued for severe mental distress and shock following the unexpected death of their much-loved father, retired Garda Chief Superintendent Peter Fitzpatrick.
He died due to a failure by Tipperary University Hospital to diagnose the cause of his illness correctly, the court heard.
It was claimed Mr Fitzpatrick, from Thurles, Co Tipperary, died at the age of 87, on January 31, 2019 due to negligence and breach of duty on the part of the HSE.
Court papers stated that he had been admitted to the hospital’s emergency department on January 24 that year, after being referred by his general practitioner with a history of bilious vomiting.
He was given an abdominal X-ray and a CT scan, and he was prescribed intravenous antibiotics and treatment for deep vein thrombosis and sepsis.
The CT scan, taken on January 25, revealed a bowel obstruction but it was claimed that the medics failed throughout his time in the hospital to follow up on that report and intervene before the situation worsened.
They also failed to take the necessary and urgent steps to investigate and identify a cause for an acute kidney injury noted on January 28, when such worsening biochemistry was said to be a serious development that required urgent explanation.
On January 29, he suffered a ‘prearrest’ with reported tachycardia (a very high heart rate) and low blood pressure. The court heard he would have been transferred to the Coronary Care Unit had a bed been available.
Mr Fitzpatrick became increasingly unwell and drowsy but was not transferred to intensive care. On January 30, the hospital carried out an emergency surgery on him. However, he became critically ill and died the next morning.
Judge Paul Coffey heard that it was claimed there was a failure to adequately, competently or properly diagnose or investigate Mr Fitzpatrick’s clinical condition at any time between his admission to hospital on January 24 and his avoidable death on January 31.
It was claimed Mr Fitzpatrick was relatively fit and active prior to his death. His daughters said he was a source of great love, affection and joy to them and their families, and that he had cared for and looked after their mother, Phyllis, to whom he was devoted.
Judge Coffey was told the Health Service Executive had admitted liability in the case, which the Fitzpatrick sisters took through Cian O’Carroll Solicitors.
A settlement was reached with the Fitzpatricks after mediation. The terms of the settlement were confidential but included the reading in court of an apology by Tipperary University Hospital.
Its general manager said the hospital ‘sincerely apologised for our failure to take adequate action or steps or interventions that led to the death of your father, Mr Peter Fitzpatrick, in our care. Moreover, we apologise for causing you and your family unnecessary pain and distress.’
Colette Fitzpatrick and her sister were in court for the announcement of the settlement.
‘We apologise for causing you pain’