A teenage girl, who was born prematurely two days after her pregnant mother was involved in a road traffic accident and suffered respiratory distress syndrome as a result, has had a claim for foetal injuries in a car crash resolved at the Circuit Civil Court.
Martina Sheehan from Rathfarnham in Dublin had been driving the family car along Templeroan Road in Rathfarnham in April 1999, when she was in collision with a car driven by Elaine O’Connor also from Rathfarnham.
Although neither driver was injured in the accident, the shock of the collision allegedly resulted in Martina going into labour at thirty-six weeks, and two days later delivering a daughter – Aoife – at the Coombe Hospital in Dublin.
Aoife immediately suffered from respiratory distress syndrome and she was transferred to the neo-natal intensive care unit, where she placed on a ventilator and given medication to assist with her breathing. She remained in the neo-natal intensive care department for a further three weeks – critically ill.
Through Martina Sheehan, Aoife (now 14 years of age) made a claim for foetal injuries in a car crash on the grounds that, had the accident not occurred, Martina would have not have gone into labour so early, Aoife would not have been born prematurely and suffered respiratory distress syndrome.
The insurance company representing Elaine O´Connor denied their policyholder´s liability for Aoife´s injuries – claiming there was no proof that the accident was responsible for the early onset of labour, Aoife´s premature birth and her breathing difficulties as pre-term babies were more pre-disposed to respiratory distress.
However, solicitors representing Martina and Aoife persevered with the claim for foetal injuries in a car crash and, as Judge Matthew Deery heard at the Circuit Civil Court was told, a negotiated settlement had been agreed that would see Aoife receive €17,800 in compensation for her pre-birth injuries.
The judge approved the settlement, stating that it was a good one in the circumstances, and ordered that Aoife´s compensation be paid into court funds, where it will remain until she reaches the age of eighteen.