The High Court has awarded garda Louise Leonard €1,783,550.77 in damages and future care costs for chronic facial pain caused by a headbutt during an arrest in 2005.
In a judgment delivered on 11 October 2021, Ms Justice Mary Rose Gearty awarded €300,000 in general damages after a 20% reduction to reflect the possibility that future treatment could reduce Ms Leonard’s pain. The court also awarded €880,000 for future care, applying the same reduction, and ordered that she receive the costs of the application.
The parties had agreed liability and special damages of €504,550.77 for expenses and loss of earnings. The court separately awarded €35,000 for future dental care, €50,000 for future medication and €14,000 towards a proposed treatment involving relocation of a spinal stimulator. Together, those sums and the agreed special damages make up the total award.
Ms Leonard was 25 and on duty with An Garda Síochána when she was headbutted in the face while making an arrest. The judgment said the assault was moderate in force, but its consequences were severe. Her pain worsened over time despite extensive treatment, including nerve procedures and implanted stimulators. She has not worked since 2008 and, by the time she gave evidence in July 2021, continued to experience constant pain and significant limits on movement, sleep, eating and daily activities.
A further treatment, available in France, had not yet been attempted because of pandemic-related travel restrictions. Her pain specialist described it as a last hope and expressed cautious optimism, but could not guarantee recovery. The court refused the defendant’s request to adjourn the case until after treatment, accepting Ms Leonard’s request to bring the proceedings to a close amid uncertainty over when travel and treatment would be possible.
The court found that four hours of care a day was a reasonable estimate of Ms Leonard’s needs and accepted most of her occupational therapist’s recommendations. It awarded €1.1 million for future care before the 20% reduction. The judge said the reduction reflected the prospect of improvement, while recognising that the proposed treatment might not succeed and that even success could leave Ms Leonard with continuing restrictions and a need for medication.