A teenage girl, who suffered respiratory distress syndrome when she was prematurely born two days after her pregnant mother was involved in a car crash, has had a settlement of compensation for car crash injuries in the womb approved at the Circuit Civil Court.
Aoife Sheehan (14) from Rathfarnham in Dublin was delivered prematurely at the Coombe Hospital in Dublin in April 1999 after her mother – Martina – had been involved in a car crash two days previously, which resulted in the early onset of labour.
Martina Sheehan had been driving the family car along Templeroan Road in Rathfarnham, when it was in collision with a car driven by Elaine O’Connor also from Rathfarnham. Although Martina Sheehan was not injured in the accident, the shock of the collision resulted in Aoife being delivered at thirty-six weeks, and immediately suffering respiratory distress syndrome.
Aoife was admitted to the intensive care unit of the Coombe Hospital where the severity of her respiratory distress increased and her breathing had to be supported by a ventilator. Aoife remained critically ill for some time and, after she was able to breathe independently, stayed in neo-natal intensive care for a further three weeks.
Through her mother, Aoife made a claim for compensation for car crash injuries in the womb against Elaine O´Connor – the driver of the vehicle responsible for causing the collision prior to her birth – claiming that had the accident not occurred, she would not have suffered respiratory distress syndrome.
Liability was denied by Ms O´Connor´s insurers on the grounds that, even if it could be proven that the car accident was the cause of Aoife´s premature birth, any injuries that Aoife had suffered had occurred before she was born and she was therefore not eligible to receive compensation for car crash injuries in the womb.
Nonetheless, as Judge Matthew Deery heard at the Circuit Civil Court, an offer of compensation for car crash injuries in the womb had been made by Ms O´Connor´s insurers amounting €15,000 in general damages and a further €2,800 in special damages. Approving the settlement, Judge Deery said that it was a good settlement in the circumstances as there would be substantial difficulties proving liability given the circumstances and the medical evidence available to Aoife.