Family settles action over woman’s death from Covid-19 in first case of its kind to come before court – The Irish Times

The family of a Cork woman who died in hospital after contracting Covid-19 has settled a High Court action over her death.

The action brought in relation to Elizabeth “Betty” Carroll (61) is the first case to come before the courts over a person contracting the virus.

In the proceedings, it was claimed that Carroll had blood cancer and was, as a result, vulnerable to contracting infections.

It was claimed Carroll was exposed to the avoidable risk of infection because of repeated transfers between Mercy University Hospital in Cork and a nursing home step-down facility, the St Francis Unit at Baker’s Road, Gurranbraher.

It was further alleged that Carroll was discharged from Mercy University Hospital and admitted to the St Francis Unit in September 2021 without first confirming that the nursing home was a suitable and safe facility for her ongoing care and recovery.

All of the claims were denied.

Barrister John White, appearing for the Carroll family with Cian O’Mahony and instructed by Denis O’Sullivan & Co solicitors, on Tuesday told the High Court the parties had reached a satisfactory agreement.

The settlement was against Mercy University Hospital and the HSE. White said the settlement, which was reached after mediation, was without an admission of liability.

A mother of three and grandmother of seven, Carroll, from Mayfield in Cork city, was found at the nursing home facility to be breathless and, on September 12th, 2021, was transferred back to Mercy University Hospital, where she tested positive for Covid-19. She was later put on a ventilator but died in the hospital’s intensive care unit on October 1st, 2021.

Outside the Four Courts, her husband, retired taxi driver Anthony Carroll, said his wife was “the best person in the world”.

“She was so easy going, so honest and loving and she lived for her family, children and grandchildren.”

He said the family had “hesitantly” brought the case.

“We did it in memory of Betty. We felt that we had to in her memory. We felt this was the only action we could take.”

He described it as “absolutely horrendous” that “window visits” were the only way he could see his wife while she was in the nursing facility.

“The window visits were terrible and soul destroying. Betty was so near and yet so far,” he said.

He said the last time he and the rest of the family saw her was in the hospital’s intensive care unit.

“That was the day we really lost her. After that there was no communication. It is so sad,” he said.

Thanking his legal team, Anthony Carroll said he and his family remain heartbroken.

“We are so heartbroken and another four weeks of having to sit in court and listen to arguments would have been too much for us,” he said.

“We hope that our family can now live in honour of Betty and in memory of Betty.”

Noting the settlement, and the division of the statutory €35,000 mental distress payment, Judge Leonie Reynolds expressed her condolences to the Carroll family.

The judge noted that if the case had gone on it could have run for about four weeks.