Olympics hopeful gets €142k after fracture ‘missed’

A woman whose hopes of competing in the Special Olympics were dashed when a fracture to her knee was missed by a hospital has settled her action against the HSE for €142,000.

Mr Justice Michael Peart in the High Court yesterday said it was a tragedy that Amy Rose McGowan did not get to the Special Olympics and a pity her running career had been cut short.

Ms McGowan, the court heard, had been training and hoping to compete in the next Special Olympics in Athens when she fell and hurt her knee during a 50 metre sprint race in May 2009.

John O’Mahony, counsel for Ms McGowan, said it was a very sad case about a beautiful young woman who has an intellectual impairment. He said she had won 34 medals and 10 trophies in the area of athletics and swimming before the accident.

Ms McGowan, aged 31, of Manorlands, Trim, Co Meath, had through her mother, Colette McGowan sued the HSE as a result of her care, diagnosis and treatment in the emergency department of Our Lady’s Hospital, Navan on May 8, 2009.

It was claimed there was a failure to interpret the X-rays of her knee which demonstrated a depressed fracture to her knee or to diagnose she had suffered such a fracture.

It was further claimed the hospital interpreted and reported the X-rays as not revealing any abnormality.

The case had been before the court for assessment of damages only as liability was conceded.

Counsel said Ms McGowan will have to have two and maybe three knee replacement operations throughout her life.

Approving the settlement, Mr Justice Peart invited Ms McGowan to show her medals to the court and said he was “very impressed and full of admiration” for her.

The judge said he hoped she could now put the accident behind her and have a happy life with her family.