Boy (10) awarded €395,000 for birth injury
Wednesday October 29 2008
THE mother of a child who allegedly suffered a shoulder injury at birth has secured €395,000 in a settlement.
Elizabeth O'Connor, of Ballyrickard Court, Tralee, Co Kerry, sued the Health Service Executive and obstetrician John Doyle on behalf of her son David, now 10.
The HSE and Mr Doyle, with a practice at Tralee General Hospital, denied the claims and the action was settled without admission of liability.
Counsel for Ms O'Connor told the court the case arose out of the birth of David on May 13, 1998 at Tralee General Hospital.
The birth was to have been by caesarean section but this had not taken place.
Difficulties arose during the birth and it was incompetently managed, counsel claimed.
It was alleged, in the statement of claim, that the obstetrician had failed to perform an episiotomy procedure at the appropriate time and allegedly pulled on David's trunk, creating extension of the arms. As a result, it was alleged that David's foetal arms had bilateral fractures.
In the damages claim, it was submitted that while David had normal function in his left hand, his left arm disability would interfere with his ability to carry heavy objects and this might limit his job opportunities.
It was also alleged David would be unable to play sports which involve catching a ball.
- Tim Healy
