Case Study: June 2026. Aidan Flahavan of Cian O’Carroll Solicitors acted on behalf of the family of Dymphna Dykes in a medical negligence action that concluded this week when a settlement was approved by the High Court.
The proceedings arose from the death of Mrs Dykes, a much-loved wife, mother and grandmother who died from acute liver failure and multi-organ failure caused by a toxic reaction to prescribed medication.
The action was brought by her husband, Frederick Dykes, and daughters, Aiveen Dykes and Kerena Turner, against GP Siobhán Kierans of Tallaght Medical Centre and Tallaght University Hospital.
The case settled following mediation immediately before the commencement of the trial.
Importantly, both Defendants admitted breach of duty and causation. They also agreed to pay substantial damages together with the Plaintiffs’ legal costs in full.
The central issue in the proceedings was straightforward.
Mrs Dykes had been prescribed medication that carried a recognised risk of liver toxicity. For that reason, regular liver function monitoring was required throughout the course of treatment. The High Court heard that this monitoring never occurred.
Had the liver function tests been carried out as intended, the deterioration in Mrs Dykes’ liver function would have been identified at an early stage and the medication discontinued.
Instead, the developing liver injury went undetected.
Mrs Dykes ultimately developed acute liver failure and multi-organ failure from which she died on 26 March 2021.
This was not a case in which a rare complication occurred despite appropriate medical care.
Mrs Dykes did not die because she suffered a rare complication of treatment. She died because the monitoring intended to detect that complication never took place.
As part of the settlement, both Defendants furnished written apologies which were read into the record of the Court.
Tallaght University Hospital acknowledged:
“It is a matter of deep regret that there were shortcomings in the care we provided to Dymphna which resulted in her death, and I wish to sincerely apologise for this.”
The hospital further stated:
“The hospital would like to acknowledge the ongoing sadness and distress this has caused your family.”
Mrs Dykes’ GP, Dr Siobhán Kierans, also apologised to the family, stating:
“I offer my heartfelt apologies for the failings in my care that led to the death of your late wife and mother and for the distress suffered by your family.”
She further acknowledged:
“I understand that this apology cannot negate the adverse effect the loss of your wife and mother has had on your lives, and I am truly sorry for same.”
Many medical negligence actions involve disputes about what happened, whether care fell below an acceptable standard or whether the outcome could have been avoided. This was not such a case.
The admissions made by both Defendants accepted that, but for the failure to monitor Mrs Dykes’ liver function, the developing liver injury would have been identified and significant harm avoided.
The case serves as an important reminder that treatment does not end when a prescription is written. Monitoring and follow-up are often as important as the medication itself. Where monitoring forms part of a treatment plan, patients are entitled to expect that it will occur.
For the Dykes family, no legal process can undo the loss they have suffered. The admissions, apologies and settlement approved by the High Court provide an acknowledgement of what occurred and of the failures in care that led to Mrs Dykes’ death.
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