Holidaymaker who was in Laois car accident settles action against mother after suffering brain injury

Her mother claims the pulmonary embolism and the brain injury were not caused by the road traffic accident

In an affidavit to the High Court, Margaret Stapleton’s solicitor Damien Conroy said Ms Stapleton had suffered a chronic brain injury, and her quality of life has been adversely affected. He said Ms Stapleton requires care and will not work again.

A holidaymaker who was injured in a car accident here but decided to return home to the United States for surgery and ended up with a life-changing brain injury has settled a High Court action for €2.75m.

Margaret Stapleton (aged 60) who lives in Seattle, Washington, settled an action against her mother Mary Stapleton of Durrow, Co Laois, who was the driver of a car which went off the road in Co Laois five years ago.

Margaret Stapleton’s counsel, Barney Quirke SC instructed by Augustus Cullen Law, told the High Court that Ms Stapleton was a passenger in her mother’s car when the accident happened on November 26, 2021. She suffered a fracture to her knee. 

Counsel said Ms Stapleton, who is originally from Durrow, and her husband had been on holiday in Co Laois visiting relatives.

Ms Stapleton was taken to Tullamore Regional Hospital where her leg was put in a splint but she required surgery. Counsel said the other side maintained that Ms Stapleton, a nurse, discharged herself against medical advice and she returned to the US for treatment.

Ms Stapleton had surgery in Seattle on December 3, 2021, but on December 22 she had breathing difficulties. Counsel said six days later she had breathing problems and blood clots in both legs.

She went into cardiac arrest and suffered a hypoxic ischaemic injury to her brain. Counsel said Ms Stapleton is left in a situation where she has significant cognitive decline and her memory is affected.

In an affidavit to the High Court, Margaret Stapleton’s solicitor Damien Conroy said Ms Stapleton had suffered a chronic brain injury, and her quality of life has been adversely affected. He said Ms Stapleton requires care and will not work again.

Margaret Stapleton from Seattle had through her husband Matthew McNulty sued her mother Mary Stapleton of Durrow, Co Laois, over the car accident at Conoboro Bridge, Rathdowney, Co Laois.

In the proceedings, it was claimed that Mary Stapleton had allegedly lost control of the vehicle while driving, drove in an alleged dangerous or careless manner and failed to keep any or any adequate lookout. It was also claimed Mary Stapleton allegedly failed to maintain proper or adequate control over the car.

Mary Stapleton's claims

Mary Stapleton's side accepted the accident took place and that Margaret Stapleton suffered a significant knee injury and was brought to hospital. However, it was claimed that Margaret Stapleton chose to return to Seattle to obtain medical treatment for her knee injury.

It denied that it caused or contributed to Margaret Stapleton's brain injury suffered on December 28, 2021. The pulmonary embolism and the brain injury, it was claimed, were not caused by the road traffic accident.

Ms Stapleton's brain injury, it was claimed, was allegedly caused by the treatment and care afforded to her in the United States in the aftermath of the road traffic accident.

It was also contended there was alleged contributory negligence on Margaret Stapleton’s part, and that she had allegedly exposed herself to the risk of pulmonary embolism by choosing to discharge herself from Tullamore Hospital and by choosing to take a long haul flight to Seattle with a complex untreated lower limb fracture in a brace.

Approving the case, Mr Justice Tony O’Connor noted the risk involved in the case.