Wrongful Death Compensation of €725k for Family of Tragic Iraqi Mother of 10


At the High Court a wrongful death compensation award of €725,00 has been awarded to the widower and 10 children of an Iraqi woman who died while undergoing a surgical procedure at Mercy University Hospital Cork.

43-year-old Sameera Barwari’s was a Kurd from Iraq, but lived in the west of Ireland at the time of her death in 2011. Her youngest child is now 15 years of age. She also had four grandchildren at the time of her death.

Representing the Barwari family, Dr John O’Mahony SC informed the court that Ms Barwari passed away while undergoing an elective operation on her lungs. Her 43-year-old husband and 19-year-old daughter were present in the Hospital treatment room as medical staff attempted to resuscitate her. They witnessed Ms Barwari go into cardiac arrest and the subsequent resuscitation efforts.

This caused them great stress and there was additional trauma as Ms Barwari did not understand English and this was also a problem in the case in relation to consent. He said liability was a concerning issue in the case.

Due to the death of Ms Barwari during an embolisation procedure nine years ago, her husband Hagi Taha Barwari (54) and his daughter Rowshan Hagi Taha Barwari, both of Renmore, Galway, submitted a legal action against sued Mercy University Hospital Cork Ltd.

Ms Barwari was admitted to the hospital on January 13, 2011, for the therapy to treat six large pulmonary arterio venous malformations, which affect the blood flow. The procedure involved shutting off of the feeding arteries to the malformations.

At the High Court yesterday the hospital expressed “sincere regret” at Ms Barwari’s death. In a letter that was read aloud to Ms Barwari’s husband, it offered “our deepest condolences” to him, his daughter and the wider Barwari family. It said: “We appreciate your great loss and fully acknowledge the distress and sadness suffered by you and your family as a result of Sameera’s passing”.

The settlement was provided with no admission of liability.