The family of a Co Kilkenny woman, who collapsed and died from a blood clot four weeks after surgery for a twisted knee, has settled a High Court action.
The court was told Bernadette Phelan from Tullogher, Mullinavat, was referred to the care of an orthopaedic surgeon in August 2019 after twisting her right knee.
She had surgery on the knee on 28 August that year and in a High Court action it was claimed that after the surgery an anti-coagulant was given, but was not continued.
Mrs Phelan was discharged on crutches and told to rest her knee but returned to the hospital the next day with excessive pain in the right knee and was kept overnight.
She remained unwell and was reviewed on 19 September when it was noted she may in the long term need a knee replacement.
On 26 September 2019, Mrs Phelan developed shortness of breath and mild chest pain and collapsed at home. She was taken to University Hospital Waterford by ambulance where she died later.
Senior Counsel Jeremy Maher told the court it was a truly tragic case where Mrs Phelan, who had a history of deep vein thrombosis (DVT), had a routine surgical procedure but died weeks later.
Mr Maher said it was a source of great disappointment to the Phelan family that it was not possible to get an apology in the matter.
He said it was their case that because of the risk factors, Mrs Phelan should have been continued on anti-coagulants and if they had been administered, she may not have got the blood clot.
In the family's High Court action it was claimed she had been caused to develop DVT after the surgery which ultimately caused her death and that there was a failure to adequately assess her risk of developing DVT and a failure to consider her previous history of DVT.
The claims were denied and the defendants said care was exercised, and it was not appropriate to give further anti-coagulant.
Today her husband and family settled the case.
The details of the settlement were not disclosed and it was made without an admission of liability.
Denis Phelan, Tullogher, Mullinavat, Co Kilkenny, had sued UMPC Whitfield Hospital Ltd, Waterford, along with consultant orthopaedic surgeon Tadhg O'Sullivan and consultant anaesthetist Ken Patterson, both who carried out a practice at Whitfield Hospital.
Ms Justice Leonie Reynolds offered her sincere condolences to Mr Phelan and the extended family.
