A settlement of more than €7 million has been approved for a young woman who suffered “catastrophic” brain injuries in a road collision in Co Tipperary five years ago.
Mr Justice Iarfhlaith O’Neill approved the settlement today for Valerie Bourke (26), a student, Mill House, Ash Park, Carrick-on-Suir, Co Tipperary. An application will be made later to have Ms Bourke made a ward of court.
Through her mother Catherine Bourke, Ms Bourke, who has been deaf since birth, had sued Patrick Holden, Sream, Aglish, Carigee, Co Waterford, and Stefan Gilchrist, Clonmore, Piltown, Co Kilkenny arising from the accident on the Carrick-on-Suir to Waterford road on May 13th 2006.
It was alleged Mr Holden was the driver of a truck which collided with Ms Bourke’s car. Mr Gilchrsit was the owner of the truck, it was claimed.
The settlement, which includes a €4 million award for care into the future, is against both defendants. Liability had been conceded and the case was before the court for assessment only. Ms Bourke was not in court.
After the settlement, her father Ciaran Bourke said they were “relieved” the action was over and that they, and Valerie, could get on with the rest of their lives.
Outlining the case today, Michael McGrath SC, for Ms Bourke, said she had been born deaf but, despite her difficulties, had engaged fully with society and completed her applied Leaving Certificate and a one year business plc course.
She was looking forward to her life ahead as an independent young person but all of that changed as a result of the accident, he said.
Ms Bourke was driving her red Nissa Micra when the truck driven by Mr Holden turned across her path at the Old Schoolhouse junction on the road between Carrick-on-Suir and Waterford, counsel said.
In her claim, it was alleged the truck was driven in a dangerous manner and onto the incorrect side of the road into Ms Bourke’s car.
As a result of the collision, Ms Bourke suffered a catastrophic brain injury as a result of which she has lost all independence of living, is wheelchair bound and will require total nursing care indefinitely, it was claimed.
After the incident, Ms Bourke was taken to Waterford Regional Hospital where she remained for almost a year until April 12th 2007. During that time, she required 24 hour care, was immobile, unable to communicate effectively and was fed through a tube.
While in hospital, she developed hydrocephalus and was transferred to Cork University Hospital where she had a ventricle peritoneal shunt inserted.
Before the collision, Ms Bourke could communicate using some words and sign language but, as a result of the incident, has been unable to communicate effectively, it was claimed.
In April 2007, Ms Bouke was transferred to the National Rehabilitation Hospital in Dun Laoghaire where she remained until November 2007 after which she was transferred to a neuro-rehabilitation centre in England for further assessment of her rehabilitaiton needs.
She was discharged from there in December 2008 and returned to purpose built accommodation attached to her family home. While she has made some progress relating to mobility and cognitive functions, a clinical neuropsychologist had formed the opinion her prospects for the future remain severely limited.
