The father of two children whose mother died following a brain injury that was not diagnosed in time, has said it beggars belief that the family were dragged through a lengthy legal battle to secure a settlement.
Amanda Davey Murphy, 44, died in May 2022. She had been in hospital on a ventilator since suffering a brain injury in 2016.
The former school principal, from Ballina, Co Mayo had sued the HSE over her treatment at hospitals in Mayo and Sligo.
In November 2021, her lawyers had pleaded with the State to allow her action for damages against the HSE to go ahead at the same time as an action to consider the future care needs of her children who are now aged 10 and 11.
The law allows only one legal action to be heard arising from an alleged wrongful act, meaning her children could only take their action after their mother's death.
The HSE admitted liability in the case.
The court heard Ms Davey Murphy went to Mayo University Hospital on 9 January 2016 after a fall at home.
Her lawyers said her injury was stapled and no CT scan or other investigation took place.
Two days later, she went to Sligo University Hospital where a CT scan was carried out and blood pressure medication was prescribed.
On 16 January, she was taken to hospital after what appeared to be a seizure. Three days later, she was found unresponsive after a prolonged seizure.
Her lawyers said that had her brain injury been identified when she was first admitted to the hospitals, she probably would have made an "uncomplicated recovery".
The High Court today approved a settlement of €1.2 million for the future care of her children, Arianna and Cormac.
Her widower said Amanda had died not knowing if her children’s future was secure because of an anomaly in the law.
Outside court, Fergal Murphy pleaded with the Government to bring in legislation to help other families.
Mr Murphy said it was a "great source of relief" to come to the end of the process and he said Amanda could now be at peace.
But he said it beggared belief that they had been dragged through such a lengthy legal process especially when there was an early admission of liability.
He said however, it was now a day for them to draw a line in the sand and get on with their lives.
Mr Murphy's solicitor, David O’Malley said because the two actions could not run together, Amanda had been faced with "Sophie’s Choice" in relation to the legal proceedings - "herself or her children".
He said it was inexplicable that a year after her death nothing had changed and called on the legislature to intervene.
Mr O’Malley said too many women had died already not knowing how their loved ones would get on.
A simple bill, he said, would rectify the legal anomaly.
