A woman who took a High Court action aimed at having her elderly mother moved out of a nursing home because of concerns about Covid-19 has dropped the action because her mother has now tested positive for the virus.
The daughter made an application to court last Monday during which the court heard she was concerned that her mother's room was on a corridor with other rooms occupied by Covid-19 patients.
She was also concerned that the same healthcare staff were moving between rooms.
When the case returned to court today, Mr Justice Richard Humphreys was told the woman's test for Covid-19 was positive but that she was doing reasonably well.
The woman, who is aged in her 90s, is a ward of court, meaning any decisions about her care had to be approved by the High Court.
Today the judge was told the HSE had engaged a consultant geriatrician to assess the woman and his report would be made available to the parties.
The woman's interests are represented by the general solicitor for wards of court who was appointed because the woman's adult children disagreed on the nature of her care.
Nuala Jackson SC, for the daughter, said a level of agreement had been reached.
Ms Jackson said she wanted certain court directions concerning the nursing home's policy on communications with residents and their relatives of clinical decisions and test results.
The Covid test result was not directly communicated to the daughter by the nursing home, counsel said.
Ms Jackson also raised issues about how a Do Not Resuscitate notice was previously put in place for the mother.
While other siblings of her client seemed to have consented to that, her client was not aware of this "very distressing news" until this week.
Counsel for the HSE Donal McGuinness said it was the view of a consultant geriatrician that the DNR notice was in the woman's best interests and was an appropriate clinical decision.
Resuscitation would cause great and unnecessary pain, the court was told.
Counsel for the general solicitor Natalie McDonnell accepted the DNR, which was made before the woman was made a ward of court, should remain in place.
The woman's daughter wished to see the consultant's report but was not seeking an alternative order at this point.
Mr Justice Humphreys directed the DNR remain in place unless an alternative view is taken by the woman's treating medical team or pending any application brought on medical evidence.
He also directed the nursing home to provide its general communications policy, and how that was applied in this case, to the parties.