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Successful result for Piotr Kozyra and Michael Devlin Solicitors

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St James’s Hospital has apologised in the High Court 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 confidential settlement of the family’s 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.
Her counsel Jeremy Maher SC instructed by Michael Devlin Solicitors said she died less than two months after the operation on August 15th, 2013. He said a mistake was 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.
Mr Maher said Ms Kozyra’s immune system did not respond as it should after the transplant and she died on October 5th.
In the apology read to the court as part of the settlement of the case, the hospital offered its sincere condolences to Ms Kozyra’s husband Piotr Kozyra and her extended family on her death.
“The hospital acknowledges that there was a delay in identifying a complication of her illness which contributed to her death,” the statement said.
Mr Maher told the court the Coroner’s Court later recorded a verdict of medical misaventure in the case. Counsel said the apology did help Mr Kozyra but he had also said nothing would replace his wife.
Approving the settlement, Mr Justice Kevin Cross sympathised with Mr Kozyra for the “tragic and avoidable” loss of his wife and said he knew nothing would compensate Mr Kozyra for his loss.
In the case, Mr Kozyra, of Barrack Hill Meadows, Loughmacrory, Co Tyrone had sued St James’s Hospital, Dublin over his wife’s death.
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 claimed 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 further claimed there was failure to consider or make the correct diagnosis and to apply the normal standards of professionalism to Ms Kozyra’s care.
All members of Ms Kozyra’s extended family in Poland as well as her husband it was claimed, suffered mental distress and anxiety as a result of her death.
The court was told negligence had been admitted in the case.
If you feel that you or a family member may have suffered as a result of medical negligence then why not contact Michael Devlin Solicitor on (062) 80009 for a free consultation.