Two laboratory technicians at the Athlone Institute of Technology have been awarded a total of €1.5 million damages by the High Court for injuries received after inhaling a cocktail of chemicals from noxious fumes.
Anne Connelly (50), Baylin, Athlone, Co Westmeath, and Patricia Egan (49), Bellair, Ballycumber, Co Offaly, had sued the college after being exposed to the fumes which had come back in to the laboratory through the air-conditioning system.
The case was before the High Court for assessment of damages only. The award included damages for loss of earnings and pension as well as general damages.
In judgments yesterday, Mr Justice Paul Gilligan said he was satisfied that, during the women's employment as laboratory technicians prior to October 1997, they were exposed to inhaling a cocktail of chemicals in circumstances where noxious fumes from the chemicals being used in the laboratory were inadequately ventilated from the area of work.
The fumes were brought back into circulation through an air conditioning system into the laboratory where the two women worked.
Noting that he had received some 50 medical reports in the cases of the two women, the judge said he would award €802,452 to Ms Connelly. He said he was satisfied she suffered inflammation of the upper and lower respiratory tract, nose throat and lungs and had to take inhalers three or four times weekly.
He was satisfied Ms Connelly had developed a stress-related psychosomatic condition due to her anxiety about alleged or perceived chemical poisoning of her body.
He was also satisfied that, psychologically, Ms Connelly believed she had been chemically poisoned and her life accordingly had been ruined.
Following her exposure to chemical fumes in October 1997, he found Ms Connelly was no longer fit to return to her pre-accident employment as a lab technician working with chemicals. She was, with the passage of time, fit to return to alternative employment in an alternative capacity.
However, due to the manner in which the matter was handled by the company, she was kept on the books and given assurances as regards her return to work. In those circumstances it was reasonable for her not to have resigned from her job, the judge said.
Awarding Ms Egan €754,537, Mr Justice Gilligan said she suffered respiratory damage but had made a very substantial recovery.
He accepted the medical evidence that she had stress anxiety related to her strong belief that she had been chemically poisoned.
He was satisfied that, since November 2001, Ms Egan has been anxious to return to work and he concluded that her return to work was very badly handled.