Woman brain damaged in car crash awarded €2.5m

THE High Court yesterday approved a settlement of €2.5 million for a woman who suffered brain damage in a car crash and needs long-term permanent care.

Pauline Mallon, Hazelwood Drive, Ballivor, Co Meath, who took the case through her brother Brian Balfe, received serious injuries in the car crash on December 19th, 2003, which have left her with severe brain damage and in need of full-time residential care.

Mr Justice Richard Johnson approved the settlement and will finalise the order next Wednesday.

The collision happened when Ms Mallon was driving her car near the main Maynooth to Kilcock road in Co Kildare. The car of Thomas Harrington, deceased, and Ms Mallon’s car collided. The defendant in the case Eoin Ward, Eagle Star, is the nominated representative for the deceased.

Ms Mallon claimed damages for personal injuries, loss and damage. It was claimed she was taken unconscious to hospital and transferred to the intensive care unit after initial tests and treatment. She had sustained a serious brain injury and multiple limb fractures which left her with devastating speech problems, limitation of movement of the various joints injured and in a state of intense dependency on healthcarers.

She was transferred to the National Rehabilitation Hospital in July 2004 and discharged to St Mary’s Hospital later that year.

Ms Mallon’s consultant general surgeon was of the view that her whole life had been totally and permanently altered as a result of the accident and she required long-term care. He described her injuries as “devastating” and expressed the clinical opinion that she would never be in a position to look after herself.

In another assessment, the report said Ms Mallon was strapped into a wheelchair and communicated via gestures, nodding or hand gestures. Her language was severely impaired and there was an absence of continuity in her responses. She was also doubly incontinent and suffered a poor sleep pattern and high frustration.

It was added in the claim that Ms Mallon’s domestic, social, recreational and working capabilities had all been adversely affected.