A 17-yr-old girl who has received court approval for a €4 million settlement after being left paralysed by a neck injury sustained in a fall 13 years ago has said that while the settlement cannot restore what she has lost, she will “embrace life with determination”.
Róisín Tansey, from Swinford in Co Mayo, had a rare pre-existing condition that led to severe injuries after she fell while playing on an armchair at the age of three and a half, reports RTE.
Her legal team argued that had the condition been identified and treated earlier, the severity of her injuries could have been avoided. While the claims were contested, the case was resolved following mediation.
The court heard that as a young child, Róisín had a condition in which brain tissue extended into the spinal canal, reports RTE.
This condition had not been diagnosed when she fell from an armchair at her home on the evening of 11 January 2013, at the age of three and a half.
Afterwards, when Róisín complained of weakness in her arms, she was brought by ambulance to Mayo University Hospital, reports RTE.
Although X-rays showed no abnormalities, staff grew concerned she might be suffering from a progressive neurological condition, and a decision was made to transfer her to Temple Street hospital in the early hours of 12 January.
Doctors decided Róisín required an MRI urgently, however it was not carried out until 12pm that afternoon, reports RTE.
Weakness in her limbs continued and an MRI scan revealed that she had a condition known as a Chiari malformation.
Róisín was moved to intensive care and later underwent surgery, but her lawyers said that by this stage she was paralysed, reports RTE.
She spent several months in hospital and rehabilitation, and now relies on a wheelchair, is paralysed from the neck down, and requires round-the-clock nursing care.
TheLiberal.ie won’t quit
Please support us with a small donation on PayPal!
Acting through her mother, Róisín took legal action against Children’s Health Ireland, reports RTE.
Her lawyers maintained that her injuries may not have been as severe if treatment had been provided sooner.
They argued that arrangements should have been in place for an MRI to be conducted earlier, reports RTE.
The claims were denied, and the case was resolved without any admission of liability.
After the settlement, Róisín, who has appeared on several occasions on RTÉ’s The Late Late Show, said that today “marks the end of a long journey that has weighed heavily on my family and I for the past nine years, reports RTE.
“I am pleased that it’s at an end, and I can move on with my life in the knowledge that justice has been served, reports RTE.
“While there has been much focus on the course of these proceedings, and on what I have lost, I remain grateful for what I have, the support of my family and friends, reports RTE.
“I am also deeply grateful to my legal team for their dedication and perseverance with which they handled this case, reports RTE.
“While I am tremendously relieved and grateful that this ordeal is now over, in reality, it changes little, reports RTE.
“Tomorrow morning, the same challenges await me that I faced the day before, reports RTE.
“Today’s settlement gives me back nothing of what I lost, nor of what my family lost, when this happened to me, reports RTE.
“But it is my sincere hope that the pursuit of justice in this case may prevent a similar outcome befalling someone else in the future, reports RTE.
“Unburdened by today’s settlement, I intend to make the best of my blessings and continue to embrace life with ambition, determination and hope,” reports RTE.
Mr Justice Paul Coffey approved the settlement, describing it as a “very prudent one”, reports RTE.
The family’s solicitor, David O’Malley, said the case was highly complex and thanked the State Claims Agency for facilitating the mediation process.
He added that he would urge all similar cases to engage in mediation and called on the Government to expedite legislation which he said would help speed up cases by streamlining mediation, reports RTE.
Tell us your thoughts in the Facebook post and share this with your friends.
