Sunday 24 June 2018

Boy (14) awarded €400k after suffering from shoulder injury during birth

The High Court, Dublin
The High Court, Dublin

Aodhan O'Faolain

A 14-year-old boy who suffered a shoulder injury at birth has settled his High Court action for €400,000.

Joshua Hoare, Station Road, Blarney, Co Cork, suffered an injury to his left upper arm and is unable to play hurling at competitive level as he has difficulty holding both the hurley and the ball, the court was told.

Through his mother Emma Fitzpatrick, he sued consultant obstetrician and gynaecologist Rachel Patton who at the time practised at Bon Secours Hospital, College Road, Cork, over the circumstances of his birth on May 30, 2003 at the Bon Secours.

The boy's delivery was managed and carried out by Ms Patton.

It was claimed that during the delivery the complication of shoulder dystocia was encountered and the baby was delivered by forceps.

It was noted that at five minutes after delivery, the bay's left arm remained limp and the next day his parents were told he had an Erb's palsy injury.

It was claimed there was an alleged failure to exercise any or any reasonable care and skill in and about the examination, investigation, diagnosis, management , care  and treatment during the course of the labour and delivery and an alleged failure to act with due and proper care, diligence and caution when shoulder dystocia was encountered during the course of the delivery.

The claims were denied.

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