Mother of crash victim hits out at lack of specialist medical care

The mother of young Summerhill woman Claire Noone, who was severely injured in a horror road crash five years ago in which her boyfriend died, has criticised the lack of specialist rehabilitation facilities in Ireland for accident victims like her daughter. Anne Noone, from New Road, Clondoogan, Summerhill, paid tribute to those who made it possible for Claire, now 25, to receive specialised treatment in Cork and Germany following the accident at Enfield in which Claire's boyfriend, John Larkin, died in November 2005, but said there was only one rehabilitation and physiotherapy clinic in Ireland where her daughter could go for intensive treatment for her injuries. As a result, they had to travel to Germany. Mrs Noone said had Claire got such treatment sooner, she could have derived more benefit from it. Speaking in the wake of a €4.25 million court settlement arising from the collision last week, Mrs Noone said she wanted to create awareness of the facilities available to those with injuries like Claire, but was critical of the fact that these services were not available in this country. As a result of the crash, Claire sustained severe lower back injuries and uses a wheelchair, but can walk some steps unaided. Her balance is affected and she suffers speaking difficulties. Mrs Noone thanked everybody who fundraised for the family during a vital period in the aftermath of the event. Local fundraising saw aroundf €155,000 raised to help cover the cost of Claire's rehabilitation. Claire spent two years in the AST Rehabilitation and Physiotherapy Clinic in Cork, following three months in a similar facility in Germany. The whole philosophy of AST rehabilitation is improving health, independent of which entry level the patient is at. Entry levels of patients cover a complete spectrum from treatment of sport injuries to those who have survived a life-threatening event such as stroke, road traffic collisions, victims suffering paralysis and cerebral palsy. "We were told, when we were bringing Claire to this clinic in Germany, that we were doing so at our own risk," Mrs Noone said. "It was our choice, she wasn't being referred, and she may not get back into the medical system here afterwards, we were told." Claire was attending the National Rehabilation Centre in Dun Laoghaire, and was ready to move on for further trearment. "They were talking about moving her to Peamount Hospital, which would have been a step down, when she needed two steps up," Anne Noone explained. "But we took our chance on the better option." She added: "AST offered speech and language therapy, physiotherapy, occupational therapy and psychology, all of which Claire needed. They know the patient needs more, and can do it." There is just one such clinic in Ireland, in Cork, but many in Germany, where the Noones initially decided to go with Claire. There were seven clinics there and Mrs Noone said they were spoiled for choice, and the cost was not as much as in this country. It wasn't possible to stay in Germany and they returned to Ireland, where Claire continued her treatment in Cork for two years. "It was very intensive treatment and it wasn't available elsewhere," she said. Mrs Noone said that if Claire had gone into such treatment sooner, and got help like she did at AST, it would have been more beneficial to her, but those resources were not available here. Everything was available in Germany. While Claire was in Germany, and in Cork, the family needed accommodation, and in Cork rented a house which they stayed in at weekends, with assistance from the Irish Wheelchair Association during the week. This would not have been possible without the fundraising help of the people of the locality who organised black tie balls, golf classics and other events, raising €155,000. Claire was driving her boyfriend John to work, riding out horses, when their car was struck by a car which went through red traffic lights at Johnstown, Enfield, on 6th November 2005. They had been at the Marriott Johnstown House Hotel to celebrate Mrs Noone's 60th birthday, and the family had stayed in the hotel that weekend. On Thursday last, Claire, suing through her mother, secured €4.25 million in settlement of her High Court action, which was based on her having a life expectancy of at least 63. The judge, Mr Justice John Quirke, said the fact that the law here only provided for lump sum payments rather than structured settlements of annual payments leaves people like Ms Noone "in a lottery situation". The law was quite inadequate and needed to be changed, and he hoped this would happen in the next 12 months, the judge said. Unfortunately, he added, this case had to be decided under the existing law. He made the comments after Ms Noone's family expressed concerns that the settlement would not meet her needs if she lived beyond the age of 63. After hearing an outline of the case, including being told there was an issue about whether Ms Noone was wearing a seat belt at the time of the collision, the judge said he would approve the settlement as there was a risk the plaintiff would have secured significantly less if the case went to hearing. The action was against Michael Laheen, Derrylissane, Menlough, Ballinasloe, Co Galway, and his wife, Margaret, the owner of a car driven by Mr Laheen which collided with the car driven by Ms Noone. Ms Oonagh McCrann, for Ms Noone, told the court the crash occurred when Mr Laheen's car went through a red traffic light and hit the car driven by Ms Noone, whose boyfriend John Larkin, from Summerhill, was in the front passenger seat. Ms Noone was ejected from the car as a result of the impact, while her boyfriend died at the scene. Ms McCrann said that, while liability was admitted, an issue of contributory negligence was raised concerning a seat belt. While there was a possibility Ms Noone was not wearing a belt at the time, it was contended that she would have been just as seriously injured even if she had worn a belt. Counsel said her client's life expectancy had been estimated as at least 63 years, but she could live a lot longer, and her family had made heroic efforts for her. While she required 24-hour care, she was very anxious to be independent and a suitable house had been identified which could be adapted to her use. Members of the Noone family said Claire was prepared to accept the settlement offer but was concerned about its adequacy, as it had been suggested she may live 15 years beyond what was predicted.