Boy (10) settles birth injury claim for €340,000
A TEN-year old boy who suffered a shoulder injury at birth has settled his High Court action for €340,000.
Jack Fitzpatrick of Ashcourt, Clerihan, Clonmel, Co Tipperary had, through his mother Catriona Fitzpatrick sued the HSE for damages as a result of alleged negligence at the time of his birth at St Joseph's Hospital, Clonmel, Co Tipperary.
It was claimed that Jack sustained an injury to his arm and shoulder during his birth on April 9, 2002.
It was further claimed that following his delivery it was noted that Jack had a weakness of the entire right arm with the exception of one finger.
Jack's Counsel Bruce Antoniotti, SC said the boy suffered a moderate injury in the Erbs Palsy scale.
He cannot move his right arm out fully from his side and will not be able to play racquet sport. Counsel said Jack, who is in fifth class, is a remarkable boy and the fastest runner in his class and also can play hurling.
Counsel said the boy's family had hoped when he grew up he would be able to follow the family tradition of joining the gardai but that will not now be open to him.
Approving the settlement, Mr Justice Sean Ryan praised the boy's parents for the work they had done in carrying out physiotherapy exercises on Jack's arm.