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The widower and ten children of a 43-year-old mother who died during a surgical procedure at Mercy University Hospital in Cork have settled his lawsuit in High Court for 725,000 euros.
Barwari’s husband and Sameera’s 19-year-old daughter watched in the Cork Hospital treatment room as doctors tried for more than an hour to resuscitate the mother of ten.
Mercy University Hospital Cork today (Thursday) expressed its “sincere regret” for the death of Ms. Barwari.
In a letter addressed to her husband, which was read in Superior Court, the hospital also offered “our deepest condolences” to him, his daughter, and the Barwari family in general.
“We appreciate your great loss and fully acknowledge the anguish and sadness suffered by you and your family as a result of Sameera’s passing,” the letter read.
Judge Kevin Cross was told that the settlement against Mercy University Hospital was without an admission of liability.
Sameera Barwari was a Kurdish person from Iraq but was living in the west of Ireland at the time of her death.
Her youngest son is now 15 years old. She was also a grandmother of four when she died.
The Barwari family’s attorney, Dr. John O’Mahony SC, told the court that Ms. Barwari died on the operating table during an elective procedure in relation to her lungs. The lawyer said her husband and daughter saw her go into cardiac arrest and attempts to resuscitate her.
The lawyer said they found it very distressing and, after an hour of trying to resuscitate her, Ms. Barwari died. He said that Ms Barwari did not understand English and that this was an issue in the case regarding consent.
He said liability was high on the line in the case.
Hagi Taha Barwari (54) and her daughter Rowshan Hagi Taha Barwari, both from Renmore, Co Galway, had sued Mercy University Hospital, Cork Ltd as a result of the death of Ms Barwari at Cork hospital during an embolization procedure nine years ago.
Ms. Barwari had a chest scan in 2010 that showed at least six large pulmonary arteriovenous malformations affecting blood flow.
She was admitted to Cork hospital on January 13, 2011 for embolization therapy that would involve closing the arteries feeding the malformations.
It was alleged that there was an alleged failure or negligence to re-monitor, record and specifically interpret the patient’s blood pressure upon arrival in the operating room and to cancel the non-emergency surgery until her blood pressure was under control.
Furthermore, it was alleged that there was an alleged failure to identify the risks and to correctly assess the woman’s current medical condition and medical history.
It was claimed that two different drugs were used for sedation when it was claimed to be appropriate and best practice is that generally only one sedative drug would be necessary for the vast majority of patients.
It was also alleged that there was an alleged failure to obtain an alleged informed consent from the woman when she was being admitted for the procedure.
Ms. Barwari was admitted to Mercy University Hospital on January 13, 2011. It was claimed that the hospital provided her with an interpreter, but the interpreter did not speak her dialect.
The embolization procedure began the following morning on January 14, 2011, and Ms. Barwari was allegedly taken unaccompanied to the treatment area.
It is alleged that no interpreter was called or presented when the procedure began and the woman was stressed and agitated.
Ms Barwari reportedly indicated that she was experiencing chest pain after the first part of the procedure and at the second embolization she became very distressed and agitated. Her daughter was called to the treatment area along with her husband to help in communication and the woman was given a sedative. Ms. Barwari stopped breathing during the fourth embolization.
An investigation after the death of Ms Barwari recorded a verdict of medical accident.
The claims were denied and the hospital maintained that the procedure had been explained in detail to Ms Barwari. He also said that he had signed a consent form and that it had been read to him beforehand and that the interpreter had translated it.
In approving the settlement today, Judge Kevin Cross offered his deepest condolences to the Barwari family and said he was sure the hospital’s expression of regret was of some comfort to the family.
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