Olivia Kelleher
A woman with profound intellectual disabilities who entered a residential unit when her mother died, has been awarded €32,500 in a settlement after a staff member forced her to take her medication whilst shouting foul language at her.
At a High Court sitting in Cork Ms Justice Bronagh O'Hanlon wished the siblings of the now 33-year-old woman well, stressing that she was fortunate to have such "vigilant" advocates.
The case was taken after management informed the family what had occurred to their vulnerable sister who has complex needs.
Morning medication
The woman, who cannot be named for legal reasons, was receiving her morning medication on December 8th 2015 when a member of the nursing staff shouted foul obscenities at her.
The woman took a case through her family, who claimed that she had suffered psychological stress.
Judge O'Hanlon said that the woman had been forced to take her medication.
The incident, which was witnessed by another member of staff who later reported it, caused the woman "considerable upset" given her profound medical disability.
Verbal abuse
Judge O'Hanlon said that the verbal abuse also occurred within the context of the woman being in the midst of the grieving process having lost her loving parent.
The woman suffered an increase in hand biting and vocalisations following the incident. She also whimpers quite often since the abuse occurred.
Judge O'Hanlon said that a senior psychiatric consultant having assessed the woman determined that the verbal abuse had caused her considerable distress and had left emotional scars.
Judge O'Hanlon said that the young woman had been minded by her mother in a "loving and caring way".
She stated the woman is likely to "stay unsettled" given what had occurred.
Prevent trauma
Judge O'Hanlon said that it was a good settlement given that it would have been difficult for the case to be heard given the significant challenges of the plaintiff.
She ordered that the residential unit pay the costs of the action of the circuit court in addition to the sum of €32,500. She said the family were wise to accept the sum offered by management at the unit.
A sister of the plaintiff told the court that her vulnerable sibling "still carries the scars of what happened to her."
She told Judge O'Hanlon that the case was about ensuring the happiness of her sister and preventing trauma to others.
'Not about money'
Speaking after the hearing she said that the case, which was taken through MDM Solicitors in South Mall, Cork, was never about money.
"It was not acceptable behaviour. You have to trust the service, and you have to trust the people looking after your sister. We hope everyday that they are looking after her and that they are not abusing her verbally or physically. It is her home at the end of the day.
"We are advocating on her behalf. Her parents have passed away, so we are the ones that are there. My mother was caring for up to the age of 24-25. She is happy and it is a beautiful home. The staff are wonderful to her. It is just one person who tarnished the place.
"She (our sister) is the apple of our eye. The minute anyone rings the first question is her. She is our world. Our everything.
"If anything happens to her, it happens to all six of us. it is not about money it is about safeguarding and protecting people. It could be any person with any disability or illness. This shouldn't have happened."
The sister of the plaintiff also encouraged members of the public who feel that their loved ones have been violated to speak out in the event of them being treated badly in care.
When asked if they considered moving her after the incident her sister said that families like her don’t have an abundance of options.
Luckily the woman is happy at the unit but even if she wasn’t there is “nowhere else.”
