Nursing Home overcharges Client

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Thursday May 27 2010

A woman in her eighties was overcharged more than €67,000 over a two-year period by the nursing home she resided at, the High Court heard yesterday.

In a bid to recover the money, lawyers for retired post mistress Mary Philomena Gogarty (85) obtained freezing orders against Donna Quinn, the joint owner of Riverview Nursing Home, Dublin Road, Trim, Co Meath.

Ms Gogarty's lawyers claimed the defendant intended to dissipate the proceeds obtained from the sale of the premises.

Ms Quinn denied the claims and argued that the money could not be repaid until a mortgage on the property had been satisfied.

Earlier this month, at the High Court, Ms Justice Mary Laffoy granted Ms Gogarty from Summerhill, Co Meath, temporary injunctions restraining Ms Quinn, trading as Riverview Nursing Home, from reducing her assets below €100,000 or from reducing the proceeds of the sale of the nursing home below €100,000 until the matter had been resolved.

Yesterday, at the High Court, Mr Justice Patrick McCarthy granted judgment in favour of Ms Gogarty against Ms Quinn for €67,096. The debt was acknowledged by the defendant.

The judge made the order after the defendant gave an undertaking that Ms Gogarty would be paid from the proceeds of the sale of the nursing home.

Fintan Hurley, for Ms Gogarty, said that in late 2006 his client first entered the nursing home, known as St Anthony's and jointly owned by Ms Quinn and her husband Derek Farrell, of Floraville Drive, Clondalkin, Dublin 22.

Counsel said until her departure last December, Ms Gogarty paid her monthly maintenance to the nursing home by cheque.

Account

However, in October 2009, Ms Gogarty became concerned that money had been taken from her bank account without her consent or knowledge.

Following an examination of statements, counsel said that between October 2007 and December 2009 €153,000 was paid to Riverview's account.

The sum due was calculated at €82,000, an overcharge of €71,000. Counsel said that Ms Gogarty's solicitor Joseph Curran became concerned as it appeared that signatures on many cheques were not his clients, and were forgeries.

When the matter was put to the defendant, Ms Quinn conceded that Ms Gogarty, who moved to another nursing home as a result of what had occurred, was owed money and said she would repay the money.

Following correspondence between solicitors for the parties the debt was acknowledged as being €67,096.

- Aodhan O Faolain

Irish Independent

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