Court approves €4m settlement for Mayo teenager left paralysed from the neck down

A Mayo teenager is to receive a €4 million settlement after being left paralysed from a neck injury following a fall as a child.

Sixteen-year old Roisin Tansey, from Killaser, Swinford, suffered the injury 13 years ago.

Róisín had a rare underlying condition which resulted in serious injury after she fell while playing on an armchair at the age of three and a half.

Her lawyers claimed that if she had been diagnosed and treated sooner, the full extent of her injuries could have been prevented. The claims were denied, but the case was settled after mediation.

The court heard that, as a young child, Róisín had a condition where her brain tissue extended into the spinal canal.

It had not been diagnosed when she fell at her home.

When Róisín complained afterwards of weakness in her arms she was taken by ambulance to Mayo University Hospital.

X-rays were normal, but staff became concerned that she had a progressive neurological problem, and a decision was taken to transfer her to Temple Street Hospital in the early hours of January 12.

It was decided that Róisín needed an MRI as soon as possible, but it was 12pm that afternoon by the time she had it.

The weakness in her limbs continued, and an MRI revealed she had a condition known as a Chiari malformation.

Róisín was transferred to intensive care and later had surgery, but her lawyers claimed that by then she was paralysed.

She spent months in hospital and rehab and now uses a wheelchair, is paralysed from the neck down and needs constant nursing care.

Through her mother, Róisín sued Children's Health Ireland.

Her lawyers claimed the injuries may not have been as extensive if she had been treated sooner.

It was claimed there was an alleged failure to promptly diagnose and act upon the child’s condition. There was also an alleged failure to carry out appropriate investigation and treatment once she arrived at the hospital.

It was further claimed that there was a failure to carry out an MRI scan with appropriate urgency as soon as she arrived at the Dublin hospital.

They said that provision should have been made for an MRI to be carried out sooner.

The claims were denied, and the case was settled without admission of liability.

Outside the court, Roisin said the settlement marked the “end of a long journey that has weighed heavily on my family and I for the past nine years".

"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.” "While I am tremendously relieved and grateful that this ordeal is now over, in reality, it changes little.

"Tomorrow morning, the same challenges await me that I faced the day before.

"Today’s settlement gives me back nothing of what I lost, nor of what my family lost, when this happened to me.

"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,” she added.

Mr Justice Paul Coffey approved the settlement.

The court heard the €4 million settlement represented about 30% of the theoretical full value of Roisin’s claim were she to proceed to trial and win her case entirely.

The family's solicitor, David O'Malley, of Callan & Tansey Solicitors, said that it was a very complex case and thanked the State Claims Agency for facilitating the mediation.

He said that he would encourage all such cases to engage in mediation and called on the Government to expediate legislation which he said would speed up such cases by streamlining the mediation process.