Sunday 25 February 2018

Boy who claimed shoulder injury during birth settles for €275,000 against HSE

Tim Healy

A BOY who allegedly suffered an injury to his shoulder during birth has settled his High Court action for damages against the Health Service Executive for €275,000.

Sean Daly (now 8) of Kinvara Park, Ballyvolane, Cork, had sued through his father Denis, the HSE as a result of the injury allegedly sustained during his delivery at St Finbarr's Hospital, Douglas Road, Cork, on October 8, 2004.

Sean's counsel, Dr John O'Mahony, told Ms Justice Mary Irvine the settlement was without admission of liability.

It was claimed Sean's mother was admitted to St Finbarr's on October 7 2004 to have her labour induced but it was postponed until the following day because the labour ward was too busy.

The next morning the labour was induced. It was claimed that Sean's shoulders were delivered by traction which was allegedly excessive causing him to suffer an injury resulting in Erb's Palsy and a permanent disability.

Twelve hours after Sean's birth it was claimed his parents noticed his right arm and shoulder were not functioning properly. He later had to undergo surgery to have his arm lengthened.

It was claimed that the HSE failed to have any or any adequate consultant supervision of Sean's birth and failed to ensure that traction on the baby's head while his shoulder was arrested would not be used.

The HSE had denied that excessive traction was applied as alleged or at all and further denied any negligence, breach of duty or breach of statutory duty.

Counsel said Sean is able to play a lot of sports including basketball and has been left with some scarring in the fold of his arm.

Ms Justice Irvine, who inspected the shoulder, said Sean had very good function which will help with most of the skills needed in life. She said she was happy to approve the settlement.

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