Record settlement in pet shop injury case

A SEVERELY disabled young woman who claimed her injuries resulted from contracting a rare disease, most probably from a parrot in a pet store, has secured a multimillion-euro structured settlement likely to well exceed the highest award ever in a High Court personal injuries action.

The previous highest award was €7.5 million for a child with cerebral palsy.

The structured settlement agreed yesterday for Patricia Ingle, now aged 22, will pay for the costs of her lifetime care.

It involves an interim payment now of more than €3 million with further payments to follow under a structured agreement to be provided for under new legislation.

Outside court, speaking through a voice box, Ms Ingle told reporters: “I am free.”

In a statement, she added: “I am so grateful for the legal assistance. Only for it, I would still be imprisoned in a hospital room through no fault of my own.

“I would like to thank my family, my friends and all who have supported me throughout the last three years and especially all at Ernest J Cantillon’s firm of solicitors, particularly Susie Elliott, for their work on my behalf.”

Ms Ingle, who is paralysed and uses a wheelchair, is an inpatient nightly at the Midwest Regional Hospital, Limerick at an annual cost of about €500,000 while the Health Service Executive had estimated the cost of being cared for in her own home would be about €450,000.

Ms Ingle, Clarina Avenue, Ballinacurra, Weston, Co Limerick had sued Petmania Limited, Jetlands Retail Park, Ennis Road, Limerick; its parent company, O’Keeffes of Kilkenny Limited, Springhill, Kilkenny, and the HSE.

It was claimed she suffered her injuries after contracting chlamydia psittacosis – an airborne infection which can be transferred from birds to humans – while working at the Petmania stores, Ennis Road, Limerick, in 2008. She also alleged her condition was negligently mismanaged by the HSE.

Both defendants denied the claims against them in proceedings which had been listed to last several weeks.

After talks on the fourth day of the case yesterday, it was initially settled against the HSE on terms which involved the HSE pursuing Ms Ingle’s claims against the other defendants.

However, later yesterday afternoon, Mr Justice Iarfhlaith O’Neill was told the case had also settled against the remaining defendants.

Earlier, after protracted talks yesterday morning between the sides, Dermot Gleeson SC, for Ms Ingle, said he was happy to say the case had been settled against the HSE.

Counsel asked that the case be adjourned for two years to allow the plaintiff to avail of the intended periodic payments system.

Patrick Hanratty, for the HSE, said it would become the plaintiff in the case against Petmania and its parent company. Ms Ingle, in reality, should never have been in the case, he said.

The judge agreed to fix a date to hear the dispute between the HSE and the other defendants but, about an hour later, Denis McCullough SC, for Petmania and O’Keeffes, said the case had settled and could be struck out with no order.

During the proceedings, Mr Gleeson said chlamydia psittacosis can be passed from parrots to humans through inhalation of airborne dried faeces dust or from the feathers or respiratory secretions of the birds.

It was alleged Ms Ingle contracted the disease during July/August 2008 when a cockatiel parrot was purchased by the store for €20. It was stated that class of bird was implicated in the disease.

It was claimed Ms Ingle received no training in health and safety matters when working with animals while working at the Petmania store in 2007 and 2008.

It was claimed that, on August 12th, 2008, she suffered violent headaches and vomiting, attended a doctor and was sent to the MidWestern Regional Hospital where she was treated and sent home to rest.

There was a slight improvement but after a very bad night on August 31st with headaches and increased vomiting, she went to her GP on September 1st and was sent to hospital.

By September 3rd, she was technically voiceless and had irreversible brain damage, blurred vision, could not move and had difficulty in swallowing, it was claimed.

She remained in that condition, could only breathe adequately through a ventilator and is fed through a tube.

It was alleged there was a delay in diagnosing her condition and she should have been transferred more speedily to hospital in Cork.

It was claimed doctors failed to recognise in time that she needed a neurologist only available in Cork University Hospital.