Injured boy (14) settles for €464,000
Published 28/10/2010 | 05:00
A 14-YEAR-OLD boy has secured €464,000 in settlement of a High Court action over shoulder injuries he allegedly sustained as a result of negligent management of his birth, writes Tim Healy.
Gavin Dowling, right, who was born at St Luke's general hospital, Kilkenny, on December 22, 1995, suffered erb's palsy -- leaving him without the use of his injured shoulder and upper limb, the court heard.
Gavin -- who sued through his mother Mary, of Coon West, Kilkenny -- sought damages against the South Eastern Health Board and Dr Ashraf Aziz, who was a doctor at the hospital at the time of his birth.
It was claimed that during the management of Gavin's birth, the defendants failed to take adequate care of either him or his mother, caused him to suffer shoulder dystocia, and failed to carry out any adequate or timely manoeuvre to deal with his shoulder dystocia.
Both defendants denied all the claims against them.
The settlement was made without admission of liability.
Mr Justice John Quirke yesterday said that he had "no hesitation" in approving the award.