Woman in Co Laois car crash settles action against her mother for €2.75m

A holidaymaker who was injured in a car crash here but decided to return home to the United States for surgery and ended up with a life-changing brain injury has settled a High Court action for €2.75 million.Margaret Stapleton (60), who lives in Seattle, Washington, settled an action against her mother, Mary Stapleton of Durrow, Co Laois, the driver of the car involved in the crash in Laois on November 26th, 2021.Barney Quirke, appearing for Margaret Stapleton and instructed by Augustus Cullen Law, told the court his client was a passenger in her mother’s car when the crash occurred. She suffered a fracture to her knee. Counsel said Stapleton − who is originally from Durrow − and her husband had been on holiday in Laois visiting relatives.Margaret Stapleton was taken to Tullamore Regional Hospital, where her leg was put in a splint, but she required surgery. Counsel said the other side maintained that Margaret Stapleton, a nurse, discharged herself against medical advice and that she returned to the US for treatment.READ MOREMargaret Stapleton had surgery in Seattle on December 3rd, 2021, but on December 22nd, she had breathing difficulties. Counsel said six days later, she had breathing problems and blood clots in both legs.She went into cardiac arrest and suffered a hypoxic ischemic injury to her brain.Counsel said Margaret Stapleton is left in a situation where she has significant cognitive decline, and her memory is affected.In written evidence, Margaret Stapleton’s solicitor, Damien Conroy, said his client had suffered a chronic brain injury, and her quality of life has been adversely affected. He said Margaret Stapleton requires care and will not work again.Margaret Stapleton had, through her husband Matthew McNulty, sued her mother, Mary Stapleton of Durrow, Co Laois, over the car crash at Conoboro Bridge, Rathdowney, Co Laois.[ Man (27) settles case over alleged failure to inform mother of epilepsy drug risks for €5mOpens in new window ]In the proceedings, it was claimed that Mary Stapleton had allegedly lost control of the vehicle while driving, drove in an alleged dangerous or careless manner and failed to keep any adequate lookout.It was also claimed that Mary Stapleton allegedly failed to maintain proper or adequate control over the car. Mary Stapleton’s side accepted that the crash took place and that Margaret Stapleton suffered a significant knee injury and was brought to hospital.However, it was claimed that Margaret Stapleton chose to return to Seattle to obtain medical treatment for her knee injury. It was denied that it caused or contributed to Margaret Stapleton’s brain injury suffered on December 28th, 2021.The pulmonary embolism and the brain injury, it was claimed, were not caused by the road traffic crash.[ ‘You killed our beautiful daughter’: Family left with ‘life sentence’ after hit-and-run, court hearsOpens in new window ]Margaret Stapleton’s brain injury was allegedly caused by the treatment and care afforded to her in the United States in the aftermath of the road traffic crash, it was claimed.It was also contended there was alleged contributory negligence on Margaret Stapleton’s part and that she had allegedly exposed herself to the risk of pulmonary embolism by choosing to discharge herself from Tullamore hospital and by choosing to take a long-haul flight to Seattle with a complex untreated lower limb fracture in a brace.Approving the settlement, Judge Tony O’Connor noted the risk involved in the case.