A woman who has physical and intellectual disabilities, and terminal cancer, has settled her High Court case over an alleged assault on her by a nurse at a centre in Dublin for women with intellectual disabilities for €40,000.
The settlement was made without admission of liability.
Linda Kavanagh's family did not learn until 2015 of the alleged assault on her by a nurse in 1999, the High Court heard.
The 51-year-old sued the board of management of St Margaret's Centre, on Brookvale Road in Donnybrook, the Sister of Charity who own the centre and Careen Cunningham, a nurse whose name was removed from the register of nurses and midwives in 2009.
Ms Kavanagh has spina bifida and cerebral palsy, as well as physical and intellectual disabilities. She became a resident of the centre in 1996.
The court heard that she told her sister in February 2015 that she was very unhappy and hated the centre because she had been physically assaulted by Ms Cunningham and hit on the head.
She also told her sister that Ms Cunningham had refused to help her get back into bed one time she had fallen out of bed and had also prevented another member of staff from helping her.
The family claimed they had noticed a deterioration in Ms Kavanagh's behaviour after her admission to the centre, her appearance seemed neglected and she was soiling herself.
It was claimed they raised the issue of her behaviour and were reassured by the centre's manager.
In their joint defence, the centre and Sisters of Charity pleaded prejudice by delay in taking the case and denied the alleged assault.
They said that if Ms Kavanagh suffered injury, it was due to the alleged unlawful and criminal acts perpetrated by Ms Cunningham.
They pleaded they took reasonable care for Ms Kavanagh's safety, conducted a detailed investigation of her complaints and notified gardai of those.
In her separate defence, Ms Cunningham also pleaded prejudice by delay, and denied she assaulted, battered or mistreated Ms Kavanagh.
Senior Counsel, John Gordon told the court the delay in taking the case was because the family were unaware until 2015 of the alleged assault.
They were also unaware of a complaint by an agency nurse abut Ms Cunningham's alleged mistreatment of Ms Kavanagh or of an internal investigation which led to Ms Cunningham being reinstated after a suspension.
What was important he said, was that the matter had been acknowledged and the "wrong has been righted at last insofar as money can do so".
Mr Justice Kevin Cross approved the settlement and also approved it being paid out to Noeleen Kavanagh to ensure Linda has as much comfort as possible in her declining state.
Outside court, Noeleen Kavanagh thanked her sister's lawyers for their "trojan work".
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"I think today is really all about justice for Linda. I'm delighted we could be a voice for Linda, she could not really articulate what has happened to her."
She said she was happy that Linda would be well looked after into the future.
