A GALWAY man who suffered "catastrophic" injuries in a road accident in which five people died was awarded more than £1.6 million in damages by the High Court yesterday.
Nearly £1 million of the award is for nursing and home care.
Mr Thomas Hughes (64), an agricultural officer, was a passenger in a car which was in collision with another vehicle near Ballintobber East, Kilrickle, Loughrea, Co Galway, on December 31st 1991.
Mr Hughes, of Dun na Mara, Renmore, Galway, sued the owner of the car in which he was a passenger, Mr Colm O'Flaherty, Glenanail Drive, Riverside, Galway, who was seriously injured, and the personal representative of the owner of the other car, Ms Carol Treacy, who was fatally injured.
Mr Justice Carney, in a reserved judgment, made a total award of £1,615,819. He assessed £913,838 as the future cost of nursing and home care on the basis of one nurse and one carer for the first and second shift each day and for one carer on call each night.
The total sum includes £150,000 for future general damages; £75,000 for general damages to date. Other allowances are in respect of hospital and medical fees, medicines, wheelchairs, a mobile hoist and several other facilities.
Mr Hughes has permanent brain injuries. He is unable to sit alone unsupported and unable to stand. In bed he must be moved every 20 minutes. He was in a number of hospitals, had various operations and now lives at home.
Mr Justice Carney said that in the case, which he heard last year, liability was admitted in respect of Mr Hughes's accident, subject initially to a seat belt issue. Having heard the evidence of some witnesses, however, including that of Mr Hughes, the indemnifiers very properly abandoned their plea of contributory negligence and the action became one for assessment only.
Mr Hughes was admitted to Portiuncula Hospital in Co Galway deeply unconscious but breathing spontaneously. He was transferred by helicopter to Beaumont Hospital, Dublin. Without appropriate medical care and emergency neurosurgical intervention he would not have survived.
At home, due to pain on movement, he became very aggressive and tried to strike his family with his hands. His wife, Lily, was a professional nurse and set up and co ordinated his care. She was now, however, showing signs of exhaustion.
From a nursing and safety viewpoint, Mr Hughes required two carers during repositioning, changing, transfers and exercises. A further reason for the necessity of two carers was the containment of aggressive outbursts when he had pain. He had been discharged from Merlin Park Hospital in Galway last June.
The judge said he found as a fact that Mr Hughes and his wife were a loving and devoted couple and had become if anything more so in consequence of the catastrophe which had befallen them. Mrs Hughes had been involved centrally in her husband's care, in particular co ordinating it and being second on call.
Mr Garrett Cooney SC, for Mr Hughes - who had to retire from the Department of Agriculture because of his injuries - said an application would be made later to have him made a ward of court. The judge refused an application on behalf of the defence, for a stay to be put on his order.