The Supreme Court has doubled the future damages awarded to a girl who developed a long-term respiratory condition after breathing smoke on a Bus Éireann school bus.
Andrea Newell was seven when the incident occurred in October 1993. She was travelling to school when the bus filled with black smoke, apparently because of an engine fire, although the vehicle itself did not catch fire.
The court recorded that Andrea breathed in substantial smoke before passengers were able to leave. She was distressed, coughing and suffering chest tightness afterwards.
In the following months she experienced nightmares, anxiety, sleepwalking, reluctance to attend school, abdominal pain and a recurrence of bed-wetting. A psychiatrist attributed those symptoms to an acute anxiety disorder. Most diminished substantially after about five months, although some persisted for longer.
The more serious lasting consequence was respiratory. After initially being treated for what was thought to be a severe cold, Andrea was eventually diagnosed with reactive airways dysfunction syndrome, a condition described as similar to asthma.
She suffered breathlessness, wheezing and coughing and required inhaled steroids morning and evening, a reliever inhaler several times daily and antibiotics during winter. Her ability to run and take part in athletics was reduced, while proximity to animals could trigger wheezing.
The High Court had awarded £30,000 for pain and suffering to the date of trial and £25,000 for future pain and suffering. Andrea appealed both figures as too low.
Mr Justice Fennelly, delivering the Supreme Court judgment, upheld the £30,000 past-damages award. However, the court found that £25,000 was inadequate for the future impact of a condition which might continue for life.
The future award was increased to £50,000, reflecting the continuing medication, restrictions on activities and employment environments, and the significant possibility that the respiratory condition would persist.