The High Court awarded former garda Gavin Ryan €150,000 in compensation after finding that post-traumatic stress disorder was primarily attributable to an armed robbery in which a shotgun was pointed at him while on duty in March 2008.
In an ex tempore judgment delivered on 30 July 2021, Ms Justice Reynolds awarded €100,000 in general damages and a further €50,000 for loss of career opportunity. She did not allow the loss of earnings claim, concluding there was “no reality” to it in the circumstances presented.
Ryan was responding to an armed robbery in Ballyfermot when he tackled one of the perpetrators, who had pointed a shotgun at him. He later received the Scott Medal for his bravery. The judgment said he began experiencing anxiety, stress and sleep problems after the robbery.
A needlestick injury while on duty in November 2008, and a threat in 2011 when a bullet was put through the letterbox of his home, added to his distress. Reynolds said the psychological effects of the robbery had left him more vulnerable to later stress. She was satisfied that Ryan’s PTSD was primarily attributable to the aftermath of the 2008 robbery.
Ryan was diagnosed with PTSD in late 2014 or early 2015 and underwent cognitive behavioural therapy for about a year. He had been on long-term sick leave since April 2014 and was discharged from An Garda Síochána on medical grounds in February 2018. He had not returned to work by the time of the judgment.
The court rejected the agreed past-earnings figure of €60,635, which was subject to the court being satisfied that the losses accrued and flowed from the 2008 incident. Reynolds also declined the claim for future earnings. She noted that Ryan was the primary carer of the couple’s children, had not sought other work or retraining after his discharge, and received a pension equivalent to 75% of his former earnings. Taking childcare costs and his partner’s full-time work into account, she found no financial incentive for him to return to work.
The judge said the loss of Ryan’s garda career had been devastating, particularly at a relatively young age. Following the approach in the O’Hara decision, she awarded €50,000 for loss of opportunity. With general damages of €100,000, the total award was €150,000.