Ex-prisoner awarded damages after needle injury

A former prisoner, who could not have marital relations with his wife for six months after a "needlestick" injury in Mountjoy…

A former prisoner, who could not have marital relations with his wife for six months after a "needlestick" injury in Mountjoy Jail, has been awarded damages in the Circuit Civil Court.

Michael Ward, of St Mark's Avenue, Clondalkin, Dublin, told Judge Alison Lindsay a hypodermic needle stuck in his finger as he was searching for tobacco under his bed mattress in his cell in February 2000.

He told his counsel, Mr David Richardson, he had shared a cell with five other prisoners and was award that many prisoners in Mountjoy engaged in intravenous drug taking.

Ward, who is 58, said both he and his wife had been seriously concerned until given the all-clear six months later about the dangers of contracting an AIDs virus.  He had later been transferred to an open prison where he was allowed home for one weekend every month.

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"My wife was very worried.  She did not want to do anything as she knew people who had the virus," Mr Ward said.

When he had been given the all-clear the relief he had experienced  had been like winning the Lottery.

Prison Officer Stephen Murphy said he had been detailed to transfer Ward to Wheatfield Prison.  When he had called to his cell he had reached under his  mattress.

"He appeared to be looking for something and then let out a yelp.  He threw the needle on the floor and said 'f**king junkies,'" Mr Murphy said.

He said he had seen a spot of blood on Ward's index finger before taking him for treatment to the prison medical orderly.

Judge Lindsay said she felt there had been negligence on both sides.

The needle had been missed under the regime of regular cell searches and Mr Ward, knowing that drugs were being used by other prisoners, should have taken more care.

She awarded him €3,000 damages and District Court costs but reduced the award to €2,000 on the grounds of contributory negligence.