O' Leary -v- The Health Service Executive & Ors [2016] IECA 25 (10 February 2016)

O' Leary -v- The Health Service Executive & Ors [2016] IECA 25 (10 February 2016)

The plaintiff failed to establish a prima facie case of negligence or battery against Dr. Healy due to lack of evidence on consent and causation, and failed to prove any basis for strict liability or legitimate expectation against the State; procedural fairness was not breached by the defendants seeking a non-suit at the close of the plaintiff's case; the High Court was correct to dismiss the action.

Citation
[2016] IECA 25
Parties
Appellant/plaintiff: Alan O’Leary (a minor suing by his sister and next friend, Charlene O’Leary); Respondent/defendant: The Health Service Executive; Respondent/defendant: Ireland; Respondent/defendant: The Attorney General; Respondent/defendant: Martin Healy
Jurisdiction
Ireland
Judgment Date
10 February 2016
Procedural Posture
Civil Appeal / Appeal From High Court Dismissal at Close of Plaintiff's Case
Outcome
appeal dismissed
Legal Topics
Informed Consent, Battery in Medical Law, State Liability for Vaccination Injury, Procedural Fairness in Non Suit Applications, Admissibility of Medical Records, Legitimate Expectation, Causation in Negligence
Medical Negligence Tort Law Constitutional Law Public Health Law Informed Consent Battery in Medical Law State Liability for Vaccination Injury Procedural Fairness in Non Suit Applications +3 more

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Parties

Alan O’Leary (a minor suing by his sister and next friend, Charlene O’Leary)

Appellant/plaintiff

The Health Service Executive

Respondent/defendant

Ireland

Respondent/defendant

The Attorney General

Respondent/defendant

Martin Healy

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Dismissal at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether failure to record consent or warning amounts to negligence or battery
  2. 2 Whether the State is strictly liable for vaccine injury absent fault
  3. 3 Whether procedural fairness required defendants to call evidence before seeking non-suit

Ratio Decidendi

The plaintiff failed to establish a prima facie case of negligence or battery against Dr. Healy due to lack of evidence on consent and causation, and failed to prove any basis for strict liability or legitimate expectation against the State; procedural fairness was not breached by the defendants seeking a non-suit at the close of the plaintiff's case; the High Court was correct to dismiss the action.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court order of dismissal affirmed; no order for compensation or further proceedings.