Teenager who is paralysed from neck down gets €4m settlement from hospital

Ann O'Loughlin

A girl who was injured in a tumble from a chair at home has settled for €4 million a High Court action against a hospital over her care after the accident.

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 only three years old when she fell from the back of an armchair while playing in her Co Mayo home injuring her neck. Roisin, who is paralysed from the neck down, was in the Four Courts with her family for the ruling of the settlement of her case.

Her counsel Jonathan Kilfeather SC instructed by Callan Tansey solicitors old the court the child fell off the chair sustaining a neck injury and in the normal course of events you would not expect a severe sequelae. He said the child had a brain condition where her brain tissue extended into the spinal canal.

Counsel said the child after the fall on the evening of January 11th, 2013 was unable to move her arms. She was taken to a local hospital where counsel said where it was correctly noted that the child was suffering from a progressive neurological issue.

MRI scan

Roisin, he said was transferred in the early hours of January 12th to the Children’s Hospital at Temple Street, Dublin. An MRI scan at noon showed Roisin had swelling in the spinal cord area along with the condition where the brain tissue extends into the spinal canal.

She was transferred to intensive care and she had complex surgery after 4pm.

Counsel said it was their case that by the time of the surgery the weakness in the girl’s arms had become paralysis.

Mr Kilfeather said the case was a difficult one in relation to liability and causation and an expert on their 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 that a full defence was lodged in the case in which the hospital denied any delay. Counsel told the court that the €4million settlement represented about 30 per cent of the theoretical full value of the claim.

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 that the proceedings were 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.

She added: “ While I am tremendously relieved and grateful that this ordeal is now over, in reality, it changes little. Tomorrow morning, the same challenges await me that I faced the day before."

“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 concluded.

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 after her accident.

It was claimed there was an alleged failure to promptly diagnose and act upon the child’s condition. There was also it was claimed an alleged failure to carry out appropriate investigation and treatment once the little girl arrived at the hospital.

Delay

It was further claimed there was an alleged failure to carry out an MRI scan with appropriate urgency as soon as she arrived at the Dublin hospital.

It was also contended there was an alleged delay in treating Roisin and an alleged failure to have facilities such that urgent imaging may be carried out regardless of time of arrival at the hospital particularly in the case of progressive neurological problems.

All of the claims were denied.

Approving the settlement, Mr Justice Paul Coffey said he was delighted the matter had been resolved and he wished Roisin and her family well for the future.