Man with ‘devastating’ brain injury settles case against addiction center and HSE for €10 million

A man who suffered a “devastating and life-changing” traumatic brain injury after absconding from an addiction treatment center in Kerry has settled for €10 million in a High Court case over his care at the center and University Hospital Kerry.

The young man, who cannot be identified by court order, had grabbed a knife as he left the center and was later found face down in a field with cuts to both arms and head injuries.

The court heard he fell or hit his head on a rock and suffered a fractured skull.

The €10 million settlement against the HSE and The Grove Addiction Treatment Centre, whose registered office is in Castleisland, Co Kerry, is without admission of liability and was reached following mediation.

High Court Judge Paul Coffey was told that the young man with a sad history of alcohol and soft drug addiction had previously been taken to University Hospital Kerry after a suicide attempt at The Grove, where he was attending a programme.

His counsel, Oonah McCrann SC, instructed by Cantillon Solicitors, told the court that the man, who was in his 20s at the time, was admitted to the emergency department at University Hospital Kerry in late 2020.

A psychiatric examination was carried out in the hospital and antidepressants were prescribed.

Counsel said the position was that it was considered safe to return the man to The Grove centre.

Mrs McCrann said he was in a very distressed condition and was on ‘one-to-one watch’ at the centre. She said the person on duty took a 15-minute break and another person took over, but she said the young man “disappeared from view, grabbed a sharp knife and left the center.”

An ambulance and gardaí were called, but counsel said that when the man was found in the field he had significant cuts to both arms, and she said it appeared “he fell or hit his head on a rock .”

He was taken back to hospital where a skull fracture was diagnosed. Counsel said he suffered “devastating and life-changing injuries” and now requires 24-hour care.

The man had brought legal proceedings through his mother against the HSE and The Grove Addiction Treatment Centre, the operator of The Grove in Ardfert, County Kerry.

In the proceedings, allegations were made against the HSE in relation to his visit to the University Hospital in Kerry that alleged substandard care had been provided and that there had been an alleged failure to adequately address suicidal thoughts, anxiety and agitation in the referral letter , as well as previous suicidal thoughts. attempts.

It was further alleged that an alleged inadequate assessment of the man’s mental health had been made, and that he had allegedly been discharged from hospital without an adequate care plan.

The court heard the HSE denied all claims, claiming the man appeared well and was not in crisis at the time of the investigation. His dismissal was, he claimed, fair in all the circumstances.

It was alleged against the Grove Addiction Treatment Center that there was an alleged inability to prevent the man from obtaining a knife or from leaving the premises alone with a knife and that there was an alleged inability to provide him with adequate one-on-one supervision after his death. from the hospital back to the department.

The Grove Addiction Treatment Center denied all claims, claiming it operated on a counseling basis and was not a medical facility.

It said that when the young man’s level of well-being did not improve, a doctor was contacted who recommended an examination at University Hospital Kerry, which it said was immediately organised.

It said the housing unit is not a secure facility and kitchen facilities are routinely available to residents. The man was a voluntary resident, it said, and he had the right to come and go as he pleased at any time, and it was his decision to leave the unit.

Counsel praised the heroic efforts of the man’s family to care for him and said the settlement would make a huge difference to his quality of life.

Approving the settlement, Mr Paul Coffey said it was a very tragic case and conveyed his best wishes to the man and his family.