Tuesday 20 March 2018

Boy who suffered shoulder injury at birth settles action against HSE for €250,000

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A boy who suffered a shoulder injury at birth has settled his High Court action against the HSE for €250,000.

Shane Kelly McGrath (15), from  Co Kerry, was not in court when the settlement was approved as he was sitting his Junior Cert exams.

Michael Counihan SC told Mr Justice Michael Hanna the boy suffered a severe shoulder injury at his birth at Tralee General Hospital in 2001.

He said it was their case there was excessive traction during the boy’s birth and he suffered a Erbs Palsy shoulder injury.

Shane, Stoker’s Lawn, Listowel, Co Kerry had through his mother Christina Kelly sued the HSE over the circumstances of his birth on June 25, 2001.

It was claimed there was excessive traction used on the baby’s head during the delivery and there was an alleged failure to treat the baby's condition in accordance with the normal standards of accepted medical practice.

The HSE had denied the claims..

Counsel told the court Shane has done remarkably well and is the captain of both the Gaelic and soccer teams.

He said however the boy would never be able to be a pilot, fireman or garda because of his disability.

Shane's mother told the court she was not happy with the settlement figure and that at the time after the birth she was told she was small and her baby was big, but her baby weighed 3.7kg.

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