The family of a disabled St Annes woman who died from a treatable stomach ulcer have vowed to appeal a High Court decision to reject their application for a review into her inquest’s ‘natural causes’ result.
Jackie Maguire, 52, who had Down’s Syndrome, died at Blackpool Victoria Hospital in February 2017 after suffering an ulcer that pierced the wall of her stomach.
She had suffered from sickness for a week and diarrhoea for a week and a half, and had a suspected seizure the day before her death.
Staff at the United Response Care Home in St Annes Road East called an ambulance, but Miss Maguire became distressed and refused to co-operate with paramedics.
She was allowed to remain at the care home, and was taken to hospital the following day.
Her mother, Muriel Maguire, 82, said that her daughter did not have the capacity to make that decision for herself.
She brought her concerns to the High Court after coroner Alan Wilson decided not to engage Article 2 (the right to life) and not to leave a possible conclusion of neglect to the jury at her inquest last July.
However, the High Court dismissed the application for a judicial review last month.
The family has now filed papers with the Court of Appeal against the dismissal.
If the appeal is upheld, the jury’s natural causes conclusion will likely be quashed and a new inquest carried out
Mrs Maguire said: “I am determined that the true facts of Jackie’s death should be brought to light and to that end my solicitors have now started an appeal in the Court of Appeal which I hope will ultimately overturn the High Court’s decision and order that a new inquest take place.
“Far too many people with Downs syndrome, who do not have the mental capacity to act in their own best interests and who are therefore heavily reliant on others, die too young. It is important the tragic facts of Jackie’s death do not go unnoticed and that as many lessons as possible are learnt to help prevent similar tragedies in the future.”