A girl who was injured at home in a fall from a chair has settled a High Court action over her post-accident hospital care for €4 million.
The settlement to 16-year-old Roisin Tansey against Children’s Health Ireland at Temple Street, Dublin, is without an admission of liability.
Roisin was three-years-old when she fell from the back of an armchair while playing in her Co Mayo home, injuring her neck.
Paralysed from the neck down, she was in the Four Courts with her family for the ruling of the settlement of her case.
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Her senior counsel, Jonathan Kilfeather, told the court she fell off the chair and sustained a neck injury. He said one would not normally expect a severe sequelae. He said Roisin had a brain condition that meant her brain tissue extended into the spinal canal.
Mr Kilfeather, instructed by Callan Tansey solicitors, said the child was unable to move her arms following the fall on January 11th, 2013. She was taken to a local hospital where, counsel said, it was correctly noted that she was suffering from a progressive neurological issue.
He said Roisin was transferred in the early hours of the next day to the Temple Street hospital. A MRI scan at noon showed she had swelling in the spinal cord area and the condition of the brain tissue extending into the spinal canal. She was transferred to intensive care and had complex surgery after 4pm.
Counsel said it was their case that, by the time the surgery was conducted, the weakness in the girl’s arms had become paralysis.
The case was difficult in terms of proving liability and causation of her injuries, the court heard. Mr Kilfeather said an expert for his side would say that an alleged delay, if there was one, would have “made what was a bad situation worse”.
Mr Justice Paul Coffey was told the hospital lodged a full defence to the claim and denied any delay.
The court heard the €4 million settlement represented about 30 per cent of the theoretical full value of Roisin’s claim were she to proceed to trial and win her case entirely.
Outside court, Roisin said the settlement marked the “end of a long journey that has weighed heavily on my family and I for the past nine years”. She said she was pleased the proceedings are at an end and she can move on with her life.
“Today’s settlement gives me back nothing of what I lost, nor of what my family lost, when this happened to me,” she said.
“While there has been much focus on the course of these proceedings on what I have lost, I remain grateful for what I have: the support of my family and friends. I am also deeply grateful to my legal team for their dedication and perseverance with which they handled this case,” she continued.
“Unburdened by today’s settlement, I intend to make the best of my blessings and continue to embrace life with ambition, determination and hope,” she said.
Roisin, from Killasser, Swinford, Co Mayo, had through her mother Breda Tansey sued Children’s Health Ireland at Temple Street, Dublin, over her care after she was transferred to Temple Street Children’s Hospital, Dublin, on January 12th, 2013.
It was claimed there was an alleged failure to promptly diagnose and act upon the child’s condition. There was also an alleged failure to carry out appropriate investigation and treatment once the she arrived at the hospital.
It was further claimed there was a failure to carry out an MRI scan with appropriate urgency as soon as she arrived at the Dublin hospital.
All of the claims were denied.
