Thursday 27 July 2017

Boy who suffered shoulder injury awarded €400,000 damages in High Court

Tim Healy

A BOY who suffered a shoulder injury due to alleged negligence during his birth has been awarded €400,000 in High Court damages.

Sean Carolan (10) has Erb's Palsy which limits left shoulder and arm movement.

Through his mother Sharon Carolan, Luttrellstown Way, Castleknock, Dublin, he sued the HSE arising out of the circumstances of his birth in the Rotunda Hospital, Dublin, on June 11, 2002.

The case was settled today before Mr Justice Sean Ryan who was told by Liam Reidy SC, for the Carolans, that liability had not been admitted.

Mr Reidy said Sean was a big baby at ten and a half pounds and despite complications was delivered in the normal way when he suffered the shoulder injury.

However, it was their contention he should have been delivered by Cesarean section because his mother had similar complications in a previous pregnancy and that child was born by Cesarean.

The defendant had claimed the mother was advised of the risk involved in a normal delivery but she denied this, counsel said.

Sean underwent procedures in 2005 and 2006 to help restore good function to his arm but he still has impaired shoulder and arm movement.

Despite his difficulties, he had been assessed as having good global cognitive function, counsel said.

The parents were happy to accept the offer of €400,000, he added.

Mr Justice Ryan said it was a very good settlement and he had no hesitation in approving it.

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