A girl left paralysed from the waist down following a car crash when she was a toddler has settled a High Court action with an interim settlement payment of €1.4 million.
Amira O’Toole Rauf (now seven) was 13 months old when she was catastrophically injured in a head-on collision as she sat strapped into her child seat in the back of her mother’s car six years ago.
The court heard Amira’s mother, Caroline O’Toole Rauf, has devoted all of her time to caring for her.
Two years ago, Ms O’Toole Rauf said publicly that there were inadequate resources to help her little girl and she pleaded for more services.
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“I’m a doctor, a nurse, a care assistant, a physio, an OT (occupational therapist), a dietitian. Lastly, I’m a mother, and that’s the first thing I should be,” she said.
Amira, from Ballinabranna, Co Carlow, had through her mother sued Tom Hanlon South East Plant Hire Ltd, with registered offices at Kellymount Quarry, Paulstown, Co Kilkenny, which was the owner of the other car involved in the crash.
The court heard the driver of that vehicle was killed in the collision.
It was claimed that suddenly and without warning the other car crossed on to the incorrect side of the road and crashed into Amira’s family car. It was further claimed there was a failure to keep a proper lookout and a failure to exercise due care and consideration for other road users.
Prior to the collision, the 13-month-old girl was capable of pulling herself to a standing position, and had developed words.
Amira’s senior counsel, Jonathan Kilfeather, instructed by Callan Tansey solicitors, told the court the collision happened while they were travelling in Co Laois before 9am on November 6th, 2018.
He said Amira will never walk, has cardiac difficulties and had to have a pacemaker inserted.
The child’s mother put her life on hold to look after her daughter and they have had considerable difficulty over the years, said Mr Kilfeather.
Approving the interim settlement, which covers the next two years, Mr Justice Paul Coffey said he was satisfied it was fair and reasonable.
The case will come back before the court in two years’ time when Amira’s future care needs will be assessed.
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