Ruling deferred in brain damage case

The High Court yesterday reserved judgment on the amount of damages to be paid to a woman who sustained brain damage after being…

The High Court yesterday reserved judgment on the amount of damages to be paid to a woman who sustained brain damage after being wrongly given a drug to advance her labour while in Portiuncula Hospital in Co Galway.

Mrs Derron Troute (37), a mother of four, from Coosan, Athlone, Co Westmeath, remains brain damaged, suffering more than 50 per cent memory loss and epilepsy, after her uterus ruptured and she bled heavily when she was wrongly given Synctocinon, a drug used to augment labour. She was in labour with her fourth child, Daniel, at Portiuncula on October 13th, 1995.

The court heard Mrs Troute has no recall of her labour and did not realise Daniel was her child when she finally returned to her home after six months' hospitalisation and rehabilitation.

She has sued a nominee of the hospital and Dr Michael Brassil, an obstetrician who worked at the hospital in October 1995, for damages for personal injury due to negligence. Liability was admitted at the outset of the case before Mr Justice O'Neill last week and the hearing proceeded as an assessment of damages only.

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The judge heard evidence from occupational therapists and other experts called for both sides outlining their views on the costs - to date and for the future - of care for Mrs Troute and her family.

At the close of the six-day assessment hearing yesterday, the judge asked Mrs Troute to return to the witness box. Her counsel, Mr Liam McKechnie SC, asked her if she enjoyed life now. She replied: "Not particularly. It's the same thing every day."

Mr Aidan Troute told the judge he did not like to leave his wife for any length of time, even when the children were not there. Asked if the home situation had any effect on his career, Mr Troute said he was unable to apply for various jobs because he would be away from home more.

Mr Justice O'Neill reserved judgment and said he hoped to deliver his decision next week.

The judge has heard that Mrs Troute had a sub-total hysterectomy and developed problems with blood clotting and kidney failure after she gave birth to Daniel. She was transferred to Beaumont Hospital in Dublin, where she was in intensive care until the end of October 1995.

She received further treatment and was unable to return to her home until April 1996. Mr McKechnie said Mrs Troute's condition reached a stable level in late 1996. He said her condition today was much the same and would never improve.