A 12-year-old boy who suffered a right arm injury during his birth at University Maternity Hospital Limerick has settled a High Court action for €900,000.
Noah Boland, from Kilmurray McMahon, Kilrush, Co Clare, has been left with a weakness in his right arm and has had to have follow up surgery and procedures arising from the injury, it was alleged.
His barrister, John O’Mahony SC, with Doireann O’Mahony BL, told the court it was their case that there was an alleged failure to advise the mother appropriately as to the alternative delivery method available, such as Caesarean section.
It was also their case that alleged excessive traction was applied during the delivery of the baby.
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The settlement against the Health Service Executive (HSE), reached after mediation, was without an admission of liability.
Counsel told the court that the baby was over 4kg and it was their case the mother should have had a Caesarean section.
The baby’s father, counsel said, was present at the birth, and he would say that the application of traction was very significant and there was panic in the room.
Noah Boland had, through his mother Sinead Boland, sued the HSE over the arm injury known as Erb’s Palsy during his birth on October 14th, 2013. It was claimed as a consequence he will suffer a life long disability.
In the proceedings, it was claimed his mother was allegedly told her baby was very large but there was allegedly no discussion with her about the difficulties such a weight might present.
It was further claimed that the mother had allegedly been repeatedly falsely reassured that the size of the baby did not matter.
It was alleged she had been deprived of electing for a Caesarean section and that the shoulder dystocia had been incompetently managed at the end of labour.
The HSE admitted that shoulder dystocia occurred but contended the delivery was appropriately managed. It said the occurrence of shoulder dystocia does not imply negligence or inappropriate care and foetal size was not an accurate predictor of shoulder dystocia, which it contended was neither predictable nor preventable in the circumstances.
Mr Justice Paul Coffey said he was satisfied the settlement was fair and reasonable.
