Girl born prematurely after road accident  awarded €54,000

Following the accident, Abigail Mielec’s mother was taken to Clonmel Hospital. On April 25, Abigail was delivered by emergency caesarean section and was nine weeks premature.

A girl who was delivered prematurely by emergency caesarean section the day after an accident in which a tractor emerging from a field collided with a car driven by her pregnant mother has been awarded over €54,000 by the High Court.

Abigail Mielec’s mother was 31 weeks pregnant when the accident occurred in Co Tipperary on April 24, 2014.

The baby girl spent the first 36 days of her life in hospital after the accident on the road from Carrick on Suir to Rathgormack, Co Tipperary.

Mr Justice Kevin Cross said the injuries were moderate but not insignificant and it was not the start in life it should be for the little girl.

Abigail Mielec, Fiddtown, Co Kilkenny had through her mother Ewelina Mielic sued the owner of the tractor, Pat Murphy, Ballyquinn, Carrickbeg, Carrick on Suir, Co Waterford and the driver Patrick O’Brien, Bishopstown, Mothel, Co Waterford over the accident.

It was claimed there was a failure to recruit assistance of others to provide warnings to motorists on the public road that a slow-moving vehicle was to emerge from a field onto the road and there was a failure to give any or any adequate and proper warning of the presence of the tractor or its intentions.

The case was before the court for the assessment of damages only. Abigail’s mother previously settled her own action for damages in relation to the accident.

Following the accident, the little girl’s mother was taken to Clonmel Hospital. The woman had hit her belly of the steering wheel and she was kept in hospital. On April 25, Abigail was delivered by emergency caesarean section and was nine weeks premature.

The baby had respiratory difficulties and was transferred to Cork University Hospital where she remained in intensive care, A gastrointestinal problem was diagnosed and the baby remained in the Cork hospital until she was 32 days old. She was transferred to another hospital and discharged home on June 1, 2014. At home, the baby at times suffered severe abdominal pain.

In his judgement, Mr Justice Cross said the little girl has no recollection of the trauma but there was no doubt she had significant pain. Abigail had no recollection of the suffering but the judge said the little girl had small and indistinct scars from where lines had been inserted and she had also got injections and antibiotics in hospital.

She had fully recovered with a year, he commented. Her injuries, he said, were moderate but not insignificant. He awarded €30,000 in general damages and also awarded past care bringing the total to €54,431.