€6.8m for crash victim who suffered brain injury

A music student who suffered a devastating brain injury after her car was rear-ended on the way to a school Christmas carol service has settled her High Court action for €6.8m.

Five years after the incident, Hazel McGarrigle, who was a master’s student of the Cork School of Music, remains minimally conscious, cannot speak or walk, and needs 24-hour care. Her visual perception is also restricted and she can only follow pictures, but her hearing is intact.

Approving the €6.8m settlement, Mr Justice Sean Ryan said it was a very satisfactory settlement and praised the “heroism” of her family in the way they have looked after her.

He said that just because the court had to concentrate on the money and figures, it did not mean it did not realise the huge impact of “a tragedy such as this” on a family.

He said Ms McGarrigle had suffered and her career had been shattered, but the settlement was “a very satisfactory outcome to a terrible tragedy”.

Afterwards, the McGarrigle family said the tragic consequences of this incident could not beexpressed in words.

“Our sole concern is that Hazel obtain optimum care in her own home,” read a statement from the family.

“We intend to continue to care for her at home. This settlement will secure that goal and we hope it will ensure that Hazel can obtain all the care, therapy, and assistance she needs and deserves for the rest of her life.”

Ms McGarrigle, now aged 30, of Drumstevlin House, Donegal Town, had sued, through her father Noel, the driver of the other car — Breda Broderick, of Sycamores, Classes Lake, Ovens, Co Cork — as a result of the accident at Carr’s Hill, Carrigaline, Co Cork, on December 15, 2009.

It was claimed that Ms McGarrigle was lawfully driving her car when the other car collided with the rear of the vehicle, propelling Ms McGarrigle’s car into a vehicle in front.

At the time, Ms McGarrigle was second in line to turn out on to a main road. The court heard her car was struck from behind and pushed in to the back of the car in front.

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

Counsel Eugene Gleeson said Ms McGarrigle suffered devastating intracranial injuries and was taken to Cork University Hospital intensive care. A CT scan showed a right-sided subdural haematoma with bleeding in the brain.

In 2010, she was airlifted to Letterkenny General Hospital and her family began looking after her at home after that.

Mr Gleeson said that when the incident occurred, Ms McGarrigle was on the way to conduct a carol service.

“She was a giver who was always organising music events. She was dedicated to music,” Mr Gleeson added.