The High Court awarded Patricia Egan €754,537 in damages after assessing her claim against Athlone Institute of Technology. Liability had been conceded before the hearing, so the court considered damages only; it did not decide liability at that hearing.
Mr Justice Gilligan found that, shortly before October 1997, Ms Egan was exposed to chemical fumes in a laboratory where ventilation was inadequate and fumes recirculated through the air conditioning system. She developed respiratory symptoms and stopped working in October 1997.
The judge accepted that she suffered chronic rhinitis and chronic asthmatic bronchitis, but found she had made a substantial recovery. He described her respiratory injury as having limited significance, while accepting that recurrent respiratory infections might require antibiotic treatment. He attributed her other complaints principally to stress, anxiety and depression, including her belief that she had been poisoned and concern about future illness.
The court found Ms Egan was not fit to return to laboratory work involving chemicals, but was fit for administrative work. It also criticised the institute’s handling of efforts to return her to suitable employment. The judgment recounts that an occupational physician examined Ms Egan in 2002 but no report was provided to the institute, and no alternative examination was arranged. The court found it difficult to understand how she could have been considered unfit for work in any capacity.
The parties agreed that Ms Egan would return to work in an administrative role on 1 October 2007, at an annual salary of €37,642, with pension and lump sum entitlements. The judge used that salary as a benchmark for her earning capacity and found she had reasonably remained an employee rather than seeking other work while the return-to-work issue remained unresolved.
The award included €434,283 for past earnings and pension loss and interest, €212,259 for future earnings, pension and lump sum losses, €100,000 in general damages, and €7,995 in agreed special damages. The judge reduced the future pension and lump sum figures by 10%. He awarded €20,000 for interest, rather than the €57,287 claimed, considering the claimed calculation inappropriate.