Hospital pays six-figure sum to MRSA victim
Poor hygiene practices to blame
Wednesday May 14 2008
THE first MRSA compensation payout in Irish history has been awarded after a patient became infected by a healthcare worker in a top Dublin hospital.
The landmark case, which was settled out of court last week, has resulted in a massive six-figure payout to a young man who became infected in 2004 after a routine operation.
The identity of the hospital -- which is a public facility in the capital -- has not been disclosed according to the terms of the settlement, with the man infected by the superbug also remaining unidentified in order to protect his anonymity.
But with the case being the first successful MRSA compensation claim in Irish history, patient campaigners now believe the door has been opened for hundreds more hospital infection victims to receive compensation.
Speaking to the Independent, Michael Boylan, solicitor with Augustus Cullen Law, explained that in summer 2004 the "young male professional" attended the Dublin hospital for a routine appendectomy.
At first, the patient appeared to be recovering normally from the operation. But in the days that followed MRSA was found in the wound, resulting in the patient being forced to undergo two further operations and a series of painful skin grafts.
After seeking independent medical advice over the disturbing infection, a leading UK microbiologist concluded that the infection had been caused by a healthcare worker who was not wearing gloves.
The State Claims Agency did not agree, and were prepared go to trial in the High Court at the end of May to make their point.
A series of discussions between the hospital and the patient's solicitors in recent months had failed to result in a positive conclusion.
But last week -- four years after the initial infection -- the State Claims Agency decided to settle out of court for a massive six-figure sum.
"This settlement is an acknowledgment of the plaintiff's legal right to be financially compensated for the pain and suffering caused by negligent healthcare MRSA infection," explained a spokesperson for Augustus Cullen Law.
Action
Last Autumn, the first registered legal action against the State over an MRSA death was lodged by the family of 74-year-old pensioner Valentine Ryan in the High Court.
The case -- which centres around the pensioner's death at the Mercy University Hospital in Cork in 2004 -- has been described as a test-case for up to 200 more cases.
But since last October, its day in the High Court has been delayed on three separate occasions by health service officials.
MRSA victim support groups had claimed the series of delays over the Valentine Ryan affair were designed to delay a wave of potential future cases.
But with the out-of-court six-figure settlement having been agreed, support groups are now adamant that significant progress has been made.
Reacting to the news, "delighted" MRSA and Families campaigner Teresa Graham told the Herald:
"I'm absolutely overjoyed about this, it is finally getting the legal attention it deserves. This will really focus the mind because our legal experts have said getting the first successful compensation claim is the most important one.
"This guy's life has been destroyed by MRSA, a lot of other people will have to be looked after for the rest of their lives. If the health service isn't following their own hygiene rules, then tough luck," she said.
