Monday 16 September 2019

Boy (14) settles for €400,000 over shoulder injury at birth

Stock picture: Getty
Stock picture: Getty

Tim Healy

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

Joshua Hoare, from 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 heard.

Joshua, from Woodfield, Station Road, Blarney, had through his mother Emma Fitzpatrick sued consultant obstetrician and gynaecologist Rachel Patton over the circumstances of his birth on May 30, 2003.

The boy's delivery was managed and carried out by Ms Patton, who practised at the Bon Secours Hospital in Blarney.

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 boy'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 reasonable care over the examination, investigation, diagnosis, management, care and treatment during the course of the labour and delivery. It was also claimed there was an alleged failure to act with due and proper care, diligence and caution, when shoulder dystocia was encountered during the delivery. The claims were denied.

Approving the settlement, Mr Justice Kevin Cross said it was a good one and he wished Joshua well for the future. His counsel said Joshua's parents were happy with the settlement.

Irish Independent

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