Pharmacist who refused EpiPen for girl in anaphylactic shock settles High Court case without an admission of liability.

The Irish Examiner reported that teenager Emma Sloan who died on O’Connell Street, Dublin, when she went into anaphylactic shock after mistakenly eating a sauce that contained nuts.  Emma’s mum Caroline Sloan had sued pharmacist David Murphy and the Hamilton Long Allcare Pharmacy on O’Connell Street where she had gone looking for an EpiPen but was allegedly refused because she did not have a prescription.

Approving the settlement, Mr Justice Garrett Simons noted the €50,000 settlement was without an admission of liability.  Simons J is reported to have said as the deceased was only 14 years of age there was no claim for loss of earnings and the full value of the settlement was achieved.

The settlement includes special damages and the statutory amount, a solatium, in this case just over €21,000.   A solatium is paid to the dependants of a deceased person for mental distress in fatal personal injuries action and is intended to be an acknowledgement of the grief and upset suffered.

In 2015, a fitness to practise case against pharmacist David Murphy was dropped by the Pharmaceutical Society of Ireland that found Murphy showed poor professional judgment and should have made an effort to understand the situation before refusing to provide an EpiPen.

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