''I'm not paralysed enough'' local man's frustration at stringent criteria for primary medical cert
David Digan's life changed forever following a motorbike accident in 2019. The horrific crash left him with life changing injuries including paralysis to his left arm, two breaks to his neck, injuries to his collar bone and a plate in his arm holding up 18 fractures.
David later had his arm amputated. He spent two weeks in a coma at Tullamore hospital and was there for three months in total before being referred to the NRH (National Rehabilitation Hospital) in Dun Laoghaire.
Since then he has had numerous surgeries and is constantly back and forth to the Mater hospital for treatment. ''I will be in chronic pain for the rest of my life,'' he says.
Prior to this David was employed as a commercial diver, this involved working underwater on offshore wind farms, changing pumps for water supply and working for the ESB. David loved his job. ''I would have done it for free.'' he says.
These days David, who hails from Moate, and his Tullamore based partner Avril O'Connell have been focused on getting a primary medical certificate. This allows tax relief for adapting a car and an exemption on motor tax and road tolls. But most importantly it means people like David can be independent. ''The cost of adapting a car could be anywhere between €500 and €15,000 depending on a person's needs,'' David says.
The ongoing frustration for David is that despite his dreadful disability, he still doesn't qualify for a primary certificate. The problem is the strict criteria which was drawn up in 1968.
To qualify the applicant must be completely without the use of one leg and almost completely without the use of the other leg, to the extent that the applicant is severely restricted as regards movement in both legs. In addition applicants must be without both hands or both arms.''It doesn't make sense , how do you drive if you have no arms?'' asks David.
''I have been applying since February 2020 and they keep turning me down. I'm not paralysed enough apparently.''
David has applied and appealed up to 8 times at this stage. To compound matters the entire Board of Disabled drivers resigned in 2022 over concerns about the stringent criteria.
A further setback came in June of this year when the National Rehabilitation Hospital gave notice that it is to withdraw from its role in the Primary Medical Certificate appeals process.
Speaking in the Dail in October, Laois Offaly TD Carol Nolan said “I am told directly by those involved on the receiving end of the application process that they have heard absolutely nothing from the Department of Finance in terms of efforts to reconstitute the Board of Appeal or even to re-examine the eligibility criteria, which the Tánaiste himself accepted in July were ‘particularly narrow’ criteria,'' said Deputy Nolan.
“The fact that there has been no action for 1,000 plus disabled applicants nationally, who are having their autonomy and independence denied to them, is nothing short of a disgrace.'' she said. ''This is no way to treat our disabled family and friends who simply want to get on with their lives with a modicum of dignity,” she added.
David said that in 2020 a woman took a case to the supreme court and was successful. ''There were a few more cases after that but still nothing has changed.''
''I received a letter from the HSE saying things have changed but the criteria hasn't changed.'' said David. ''My grandmother had her two legs amputated, there was always disability in my house. People with disabilities are number one as far as I'm concerned and I think for starters we should be looking out for our own,'' said David.
Since his accident David has been unable to work.'' I was working at the start in the local Supervalu, just to get out of the house. I could only work for 6 weeks because I was going back and forth to the hospital. I had to go to Vienna in Austria for surgery.''
David also worked for a local man who modified cars. ''It was only 3 weeks but I had a mid-forearm amputation. I have other hospital appointments and I have to travel to Vienna again.''
David is hoping to get a bionic arm. It would give me a better quality of life. It's the small things you miss, like peeling a potato or buttering a slice of bread,'' says David.
We contacted the Department of Finance for comment. Responding a spokesperson from the Department said that the Minister has no role in relation to the granting or refusal of PMCs (primary medical certs) and the HSE and the Medical Board of Appeal must be independent in their clinical determinations.
The spokesperson said that progress had been made on efforts to convene a new Disabled Drivers Medical Board of Appeals (DDMBA), to secure new hosting arrangements for the DDMBA and to recommence the appeals process.
A statement said: ''The Minister has now formally appointed all five members to the new DDMBA. Funding arrangements between the Department of Finance and the Department of Health have been agreed. On this basis the National Rehabilitation Hospital has confirmed they will again host the DDMBA. Preparatory work is underway, that will include due deliberation on how best to clear the backlog.''
The statement went on to say that the appeals process will re-commence shortly upon completion of this work.
''In parallel, my officials are working with the NRH to conclude other conditions for new hosting arrangements, which may continue after the appeals process is again up and running,'' the statement said.
Appeal hearings are due to recommence in the first half of December 2023.
The statement outlined that the Minister appreciates that it has taken far longer than anticipated to get to this point. It has taken 18 months to source the legislatively required 5 members, this followed several ''expression of interest campaigns.''
The Government led by the Department of the Taoiseach, says it is is progressing proposals with respect to transport and mobility supports for those with a disability, including consideration of a replacement for the Disabled Drivers and Disabled Passengers Scheme.
A first meeting was held in July 2023 and a second in November 2023.
There are proposals to replace the scheme with a '' modern, fit-for-purpose vehicular adaptation scheme.''