O'Sullivan A Person Of Unsound Mind Not So Found v The Health Service Executive (Approved)

1.������ This is an application by way of notice of motion by the defendants for an order dismissing the proceedings because of, first of all, inordinate and inexcusable delay and/or on the basis that a fair trial is not reasonably possible and/or that to require the defendant to defend the claim would be unfair and unreasonable etc.

2.������ The trial was originally specially fixed and listed for trial in July 2020 and it was adjourned due to Covid and then it was listed again for the 22nd October, 2020 but had to be adjourned again due to the further imposition of the Covid regulations.�

3.������ The defendants brought the motion herein dated the 12th October, 2020 for hearing at the trial.� When the trial date had to be adjourned for the second time an application was made by the defendants and opposed by the plaintiff to detach the motion from the trial which application I granted and the motion for hearing on the 10th November, 2020.

4.������ I had the benefit of two affidavits from the plaintiff and two from the defendants.� I also had the written submissions by both parties and the oral submissions by Mr. Hanratty on behalf of the defendant and Mr. Treacy on behalf of the plaintiff, both of the Inner Bar.�

6.������ The plaintiff was admitted under the care of Nurse Antony and during the night she had a further bleed and the night nurse, Nurse Cox, phoned the doctor in charge and he arranged for the plaintiff�s mother to be taken by ambulance to Clonmel Hospital.� The ambulance came from Clonmel a journey of approximately 30 minutes and on its return as they approached Clonmel the plaintiff was born in the ambulance and she and her mother were apparently both ill and subsequently the plaintiff suffered significant seizures.�