THE FAMILY OF an amateur jockey who died after a fall has received an undisclosed settlement at the High Court after the HSE admitted liability in elements of his care at Cork University Hospital (CUH).

Jack Tyner (19) was hospitalised following a point-to-point meeting in Dungarvan in Co Waterford on 2 February 2011. He died five days later.

Speaking today, Mary Tyner said her son “loved life and lived for the sport of horse racing”.

Mary said she and her family entered High Court proceedings in 2013 but the HSE only accepted liability if not causation in the case last year.

“His ambition was to be a top jockey. He loved life and was on top of his game. He was a great son.”

She said she wished that the HSE would have admitted liability sooner, saying: “You shouldn’t have to have eight years of torture trying to get answers. It is frightening to think what they did wrong.”

Mary said Jack was her beloved only son, and that his passing has been traumatic for his five sisters and extended family.

“I hope the HSE learn lessons from it.  [His siblings] are very upset because they never got to say goodbye to him. We always thought that he was coming home,” she said. 

The HSE has apologised to the family in writing. When asked for comment, a spokesperson told TheJournal.ie Cork University Hospital “does not comment on individual cases”. 

‘Enormous tragedy’ 

Sean Lynch, SC, representing the Tyner family, told Justice Michael Hanna at a sitting of the High Court in Cork the fact that the HSE was admitting fault but not causation was of “limited solace” to the family.

He said it was “a terribly unfortunate case” and an “enormous tragedy” for the family.

Justice Hanna wished Mary Tyner well and said he was conscious of how technical the details of such settlements can be when families are experiencing “awful trauma”.

In a statement, the family said they “were led to believe that he would be [in hospital] for a few hours at most”.

Jack never came home and died on 7 February 2011. We subsequently learned that Jack received substandard care. Had Jack received early intervention and the appropriate care at CUH he would be with us today.

Jack, from Kinsale in Co Cork was, the son of trainer Robert Tyner.

Jack was taken to CUH after a heavy fall in the second section of the six-year-old and upwards mares’ maiden when his mount, Dusmagic, crashed out at the first fence.

He had ridden six winners in his short career. Jack rode his first winner on the racecourse at Limerick in November 2008 on Square Sphere, which was owned by his mother.

With reporting by Órla Ryan