Sunday 23 September 2018

Husband and wife who sued Beaumont Hospital after failed kidney transplant withdraw legal action

Pat and Denise Ryan pictured leaving the Four Courts Photo: Collins Courts
Pat and Denise Ryan pictured leaving the Four Courts Photo: Collins Courts

Tim Healy

A COUPLE who sued Beaumont Hospital over a failed kidney transplant has withdrawn their actions against the hospital.

Denise Ryan donated a kidney to her husband Pat, who was 22 months on the transplant waiting list, but that transplant failed and he had to have another transplant from a deceased donor days later, which was successful. The Tipperary couple had sued over the first failed transplant.

On the second day of the case today, 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 have and will continue to be deeply indebted to the family of the deceased donor.

Mr Justice Cross said he was happy the proceedings had settled and said it was a difficult case .

Pat and Denise Ryan, Ballypatrick, Clonmel, Co Tipperary had sued Beaumont Hospital Board over their care when Mrs Ryan’s kidney was removed and placed in her husband in a transplant operation at Beaumont Hospital, Dublin on January 20, 2014.

It was claimed Mr Ryan was provided with an organ which was not effective and and underwent a good deal of mental distress and an allegedly unnecessary and failed operation. It was claimed on Mrs 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 is claimed she became depressed and suffered grief for the loss of an organ.

The claims were denied.

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

Her 56-year old husband Pat, who ended up having three operations instead of one, 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.

Opening the case Jeremy Maher SC said Mr Ryan had kidney problems and had been on dialysis was on the transplant waiting list for 22 months.

He said Mr Ryan "waited and waited and waited" for a phone call telling him there was a matching donor kidney but it never came. Counsel said that Mrs Ryan was a suitable match.

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.

“Transplant failure can leave the donor suffering psychological injury. It has happened in this case with devastating consequences for the Ryans,” Counsel said.

Mrs Ryan’s left kidney was put in her husband’s right side.

When Mrs Ryan woke up after the operation, Counsel said she was told there had been difficulties and it came “ as a complete shock and caused immediate anxiety.

“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," Counsel said.

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