Tuesday 23 October 2018

Couple withdraw claim against hospital after failed kidney transplant

Denise and Pat Ryan. Picture: Courtpix
Denise and Pat Ryan. Picture: Courtpix

Tim Healy

A couple who sued over a failed kidney transplant have withdrawn their actions against Beaumont Hospital.

Denise Ryan donated a kidney to her husband Pat, who was 22 months on the transplant waiting list, but that transplant failed. Days later he got another transplant from a deceased donor which was successful.

The couple sued over the first failed transplant but yesterday Mr Justice Kevin Cross was told the proceedings had been compromised on terms which include the withdrawal of both claims and they could be struck out. The development came after several hours of talks between the sides.

Counsel for Denise and Pat Ryan, Jeremy Maher SC, told Mr Justice Cross the second successful transplant arose from tragic circumstances for another family.

Counsel said the Ryans wanted to say they were deeply indebted to the family of the deceased donor. Mr Justice Cross said he was happy the proceedings had settled, and that it was a difficult case.

Pat and Denise Ryan, from Ballypatrick, Clonmel, Co Tipperary, had sued Beaumont Hospital Board over their care when Ms Ryan's kidney was removed and placed in her husband on January 20, 2014.

It was claimed Mr Ryan was provided with an organ which was not effective and underwent a good deal of mental distress and an alleged unnecessary and failed operation. It was claimed on Ms Ryan's behalf that following the operation she was advised the transplant did not go well and that an alleged mismatch in size of the kidney was at issue. It was claimed she became depressed and suffered grief for the loss of an organ.

The claims were denied.

Denise Ryan (51) claimed she now suffers from post-traumatic stress disorder and is without a second kidney, having expected her kidney to live on in her husband.

Her 56-year-old husband Pat, who ended up having three operations, had told the High Court he was very grateful for the second transplant, but his wife was devastated.

"It was a huge blow to her I had another person's kidney in me," he said.

Mr Maher had earlier told how Mr Ryan had been on dialysis and on the transplant waiting list for 22 months. Mr Ryan had "waited and waited and waited" for the phone call telling him there was a matching donor, but it never came.

He said a living donation is a routine procedure - but one of the disadvantages is the loss of the kidney for a donor, and the effects of failure if the transplant is not a success.

"Denise felt a part of her died. She was concerned her husband was going to die. She felt she had let him down. She thought her kidney was going to live on in her husband."

Irish Independent

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