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Medical Negligence
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By Conal McGarrity
Latest News

Hospital Issues Apology as Part of Substantial Settlement in Case of Avoidable Death

In a case dealt with by Conal McGarrity St James’s Hospital has apologised in the High Court in Dublin to the husband of a woman who died in the Dublin facility after undergoing a stem cell transplantation. The apology was read as part of a substantial settlement of the family’s case. The Coroner’s Court also recorded a verdict of medical misadventure in the case.

Barbara Kozyra (32) had been transferred from a hospital in Northern Ireland to St James’s for the specialist treatment relating to a bone marrow stem cell disorder.

Ms Kozyra needed the transplant having been diagnosed at Belfast City Hospital with a bone marrow stem cell disorder. A family match could not be found for her and Northern Ireland does not carry out unrelated donor bone marrow transplants so she was transferred to St James’s for the operation, which took place on August 15th, 2013.

After the transplant Ms Kozyra’s condition deteriorated and she died on October 5th 2013. It was successfully argued that there was a failure to observe and analyse the signs and symptoms of her post transplant condition in time or at all and a failure to administer an antiviral agent in time or at all.

It was also established that there was failure to consider or make the correct diagnosis and to apply the normal standards of professionalism to Ms Kozyra’s care.

She died less than two months after the operation on August 15th, 2013 due to a mistake made in filling out a form. A transplant co-ordinator mistakenly marked Ms Kozyra down as negative for cytomegalovirus (CMV) when she was in fact positive. A common virus which can lie dormant, CMV can be reactivated and become dangerous when someone is immunosuppressed after a transplant. Ms Kozyra’s immune system did not respond as it should after the transplant and she died on October 5th.

At PA Duffy & Co Solicitors we are experts in the highly complex field of medical negligence. We have secured millions of pounds for individuals and families in both Northern Ireland and the Republic of Ireland. It can be a difficult process but our experience and expertise allows us to guide you through each stage ensuring you understand exactly what is happening whilst securing the best outcome for you.

If you feel you have been treated negligently by a medical professional, we can advise you on your case and provide legal representation north and south of the border.

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