Care-home resident cut while being moved is awarded €30,000

Woman with neurological disorder needed stitches to face after falling to the floor

The €30,000 damages were against The Daughters of Charity of St Vincent de Paul, Navan Road, Dublin
The €30,000 damages were against The Daughters of Charity of St Vincent de Paul, Navan Road, Dublin

A 27-year-old disabled woman, who suffered serious facial cuts while being moved from a shower chair to her bed in a care home, has been awarded €30,000 damages against The Daughters of Charity of St Vincent de Paul.

Barrister Ivan Daly said Margaret Bowes, who has had Rett syndrome, a neurological disorder, since birth and is in a wheelchair, was in full-time residential care at St Vincent’s Centre, Navan Road, Dublin.

Circuit Court president Mr Justice Raymond Groarke heard that in June last year Ms Bowes fell heavily while she was being moved, cutting her forehead and inner lower lip.

Mr Daly said Ms Bowes went by ambulance to A&E at Connolly Hospital, Blanchardstown, where her wounds were sutured.

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The court heard that Ms Bowes, who was in severe shock, had been very agitated at the time. She was given intravenous painkillers. The wounds had left scars on her forehead and lip.

Through her mother Jacqueline Bowes, of Plunkett Avenue, Finglas West, she sued The Daughters of Charity of St Vincent de Paul Service for Persons with a Mental Handicap Ltd, for negligence and breach of duty.

She claimed the centre had failed to provide her with adequate care, knowing that she was at a high risk of falling.

She also claimed she had not been wearing appropriate footwear at the time, and that moisturiser was applied before her transfer.

Mr Daly said liability had not been formally conceded by the care centre, which had made a €30,000 settlement offer. Judge Groarke said it was a good offer and he was happy to approve it.

Mr Daly asked the court to allow the money to be used for works to accommodate Ms Bowes better at home. Judge Groarke, adjourning the case to June to allow Ms Bowes’ legal team to file an affidavit outlining the future works, said he would then finalise his order.