Man who was assaulted outside hospital to receive €1.7m

A 71-year-old man who was escorted from a hospital's emergency department and then suffered what was called an "unprovoked and vicious assault" leading to a brain injury, has settled a High Court action against the HSE for almost €2m.

Senior Counsel Hugh Mohan told the court that the man had been left with a significant brain trauma after the assault in late 2021.

He had been referred to the hospital by his GP with a letter outlining concerns about the man’s mental health.

Mr Mohan said the man had suffered a brain injury a few years previously in a fall.

But he said he now needed 24-hour care.

He is now receiving specialised care through the intervention of the court and is doing well.

In the proceedings which the man brought through his wife, it was claimed that while in the hospital’s emergency department he encountered difficulties with WiFi reception.

He approached the reception desk and it was alleged there were raised voices.

It is claimed the pensioner was escorted outside where he was violently assaulted.

The action claimed that the HSE had allegedly caused a danger to be and to remain on its premises and that it failed to have proper regard for the safety of the pensioner.

It was claimed the man was unlawfully removed from the hospital and that there was a failure to manage or control or supervise its premises.

All of the claims were denied.

The man was found unresponsive outside the hospital’s emergency department and was brought to a resuscitation unit where he was intubated and ventilated.

He was later diagnosed as having suffered a traumatic brain injury, a skull fracture and a fracture to his arm.

Approving the settlement of €1.7m, High Court President Mr Justice David Barniville said the man suffered a very, very serious brain injury which had a life-changing effect on him, and he said the settlement offer was fair and reasonable.

The judge put a stay on the judgement for six months so that an issue between the HSE and a third party can be determined or agreed.

Mr Justice Barniville wished the man and his family well and he said he knew it had been a very difficult number of years for them.