Patrick Mullarkey

O’Reilly Stewart Solicitors acted on behalf of the woman, who had two surgeries in February 2017 to treat a brain tumour and subsequently began suffering from seizures.

She was prescribed Phenytoin, an anti-seizure medication, in order to manage the seizures, but suffered a significant deterioration in her health, with persistent dizziness, headaches, decreased mobility and vomiting.

The woman ultimately became critically ill, slipping in and out of consciousness, and required hospitalisation in January 2018.

On her admission to hospital, it was established that the woman’s Phenytoin levels were dangerously high and that this was the cause of her deterioration.

The medication was immediately stopped and the woman’s condition began to improve. She remained in hospital for a further week until being fit for discharge.

The woman subsequently raised a formal complaint against the trust responsible for her care, which had no specific policies in place for monitoring patients on potentially dangerous drugs such as Phenytoin.

Patrick Mullarkey of O’Reilly Stewart Solicitors was formally instructed by the patient to investigate the circumstances of her care in 2020. Lucy McLernon of O’Reilly Stewart Solicitors also assisted in the case investigation.

Independent opinions were obtained from experts in pharmacology and psychology, who addressed both the physical and psychological injuries suffered by the woman as a result of the Phenytoin overdose.

The matter was settled on a pre-proceedings basis by way of a negotiated settlement, with the woman receiving damages of £80,000 in relation to her injuries that she suffered and to compensate for the upset and distress, as well as her full costs.