A HIGH Court judge has approved a €90,000 settlement for a mentally impaired woman who claimed she was sexually assaulted by two men, one of whom was her carer.
It was claimed, at the time of the alleged abuse, the woman was a patient at two facilities for mentally impaired adults operated by the Brothers of Charity.
Through her mother, the 42- year-old woman, who cannot be identified for legal reasons, had sued the Brothers of Charity order and the two men who allegedly violently sexually assaulted her on different dates outside Dublin between August 1995 and November 1996.
The woman, who has been assessed as having the intellectual age of an eight-year-old, sought damages, including punitive and exemplary damages, for the assaults, battery, trespass to the person, breach of duty and negligence of the defendants. The claims were denied by all of the defendants.
In her proceedings, it was claimed the woman was violently sexually assaulted in August 1995 by her carer. It was alleged she was permitted to go on weekend recreational breaks with the man and his family.
She also alleged that between June and November 1996, she was violently sexually assaulted by another man, the driver of the bus who took her to and from an educational facility. He was an employee of the Brothers of Charity, it was claimed.
The woman claimed that as a result of the assaults, she suffered severe pain, upset and psychological trauma. She became disturbed, difficult to manage, angry and tormented at what happened to her, it was also claimed.
Given her vulnerability to abuse in light of her condition, the defendants failed to ensure her safety and had exposed her to a risk which they knew, or ought to have known, of, it was claimed.
It was also claimed there was failure to vet carers, failure to carry out background checks on carers and employees, failure to ensure employees would not be a danger to patients and failure to adhere to provisions of child-abuse guidelines.
Ms Justice Mary Irvine yesterday approved a payment of €90,000, plus costs, for the woman in settlement of the action.
The former carer is to pay €20,000 to the woman plus a contribution of €2,500 towards her legal costs, while the Brothers of Charity will pay some €70,000, plus the balance of her legal costs.
It is expected an application to have the woman made a ward of court will be made later.