‘How hard is it to say sorry?’

Family receive apology over son and brother’s death

The Smith family were immovable. The HSE seemingly likewise. In the “four long years” since legal proceedings first began in the wake of their son and brother John’s tragic death, close to half a dozen meetings took place, some heated, and always without breakthrough. The late John Smith’s dad Séan told The Anglo-Celt this week: “It was never about the money. Sure what good is it?”

What the Smiths from Stragella, near Cavan Town, always wanted was an apology, public and in open court, and with it an acknowledgement there were terrible failures in John’s care at Cavan General Hospital prior to his death days later at Dublin’s Beaumont, on August 31, 2019.

“How hard is it to say sorry?” he asks.

The breakthrough came towards the end of March this year. An apology was penned by Cavan Hospital’s general manager Su-Zann O’Callaghan, and this was then shared as part of the Smiths’ settlement for damages for medical negligence at the High Court last Friday (May 12).

The written apology acknowledged “failings on behalf of the hospital”.

‘We acknowledge that the experience was devastating for you and understand that this apology cannot negate the deep effect the loss of your son has had on your lives or in any way make up for this tragic loss’, it added.

It concluded by stating that Cavan General Hospital (CGH) has since ‘implemented recommendations’ to ensure a similar situation does not happen again.

John Smith was 22 years old when he died at Beaumont Hospital of multi-system organ failure, acute kidney injury, days after he was transferred to Dublin from Cavan (August 27).

When he was eight months old John was diagnosed with diplegic cerebral palsy. But his family say John thrived in spite of his disability and overcame many serious health difficulties in his life. He completed mainstream school at Breifne College, graduated from Cavan Institute as a network technician, had a full driving licence, and lived a “significantly independent” lifestyle right up until his death. He loved Liverpool FC, the Redhills Carnival, and being with his family and friends.

“He was a great boy. He was hardy for what he went through,” says mum Maisie. “Compared to how he was left leaving Cavan General.”

John presented to CGH three times in a five-day period.

“In Monday, sent home Tuesday. Back in Wednesday, sent home Thursday. Then back in then Friday,” remembers Séan.

On the third occasion that sepsis was identified. But by then John’s condition had deteriorated. The Smith family’s counsel Bruce Antoniotti SC, instructed by Garrett Fortune Solicitors, noted that by the time it was diagnosed it was “too late”.

His family also believe, had John been diagnosed and treated sooner, he’d still be here today.

John died surrounded by his family, and Séan wants to thank Beaumont and its staff for all they did for John. “They tried their best. There was nothing more they could’ve done,” he concedes.

“A doctor told me if they’d had John sooner, 10 or 14 days later, I’d be driving down the road with him heading back home.”

The “struggle” the Smith’s had to get an apology, they say only compounded the awful agony of loss.

“A four-year fight,” says school bus driver Séan. “Without the apology [we got], the rest means nothing.”

The Smiths stand to receive compensation of €35,000 plus costs. “Standard” they say, for the death of a loved one where medical negligence has been accepted.

“Even if it was €3 million it wouldn’t make a difference. As I said to them from one day in the Kilmore, they had all their lawyers down and we had several meetings about this, I said it wasn’t money we were here for. It was always an apology... We got it in the end.”

For “Liverpool fanatic” John, his sister Orla has memorialised her brother forever on what is known as the Champions Wall at Anfield.

His other sisters recently laid flowers in John’s memory at the Hillsborough monument in their brother’s honour.

A “messer”, “definitely, the biggest messer going”, “lively”, “always happy, always up for a laugh” are just some of the ways John - ‘Baby John’, ‘The Child’ or ‘Ted’ - is described by his heartbroken family now when asked for a sense of who the young man was as a person.

John is laid to rest at St Brigid’s Cemetery in Killygarry, and the Smith family wish to thank their family, neighbours and friends, and John’s friends also for their continued support.

“Both families, my family and Maisie’s family,” says Séan. “We’ve had a lot of support, still have,” says Séan who shared a personal thanks to Eamonn Mulvanny, while others mention John’s close friends Daniel Fay, Tom Sheridan, and Oisin Neary. “They could arrive here any time of the day, sitting drinking tea. They were very good friends to John, and are still good friends to us.”

READ FULL COURT REPORT

Man died after being discharged from hospital twice in five days