A TEENAGE boy has secured €464,000 in settlement of his High Court action over shoulder injuries allegedly sustained as a result of negligent management of his birth. The settlement is without admission of liability.
The action by Gavin Dowling (14), suing through his mother Mary, Coon West, Co Kilkenny, arose from the alleged circumstances of his birth at St Luke’s General Hospital, Co Kilkenny, on December 22nd, 1995.
It was claimed Gavin Dowling suffered Erbs palsy – injuries to his upper shoulder – as a result of negligent management of his birth.
The proceedings were brought against the HSE and Dr Ashraf Aziz, a doctor at the hospital at the time of the child’s birth.
Both defendants denied all the claims and the settlement was made without admission of liability.
Mr Justice John Quirke yesterday said he had “no hesitation” in approving the award.
Dr John O’Mahony SC, for Gavin Dowling, said his side’s case was that the child’s injuries were caused by the defendant’s negligence but there would have been a dispute on the facts of the case.
In all the circumstances, counsel said the settlement was a good one which the family was happy to accept.
Counsel said Gavin has reasonable power in his left hand and wrist but would have permanent difficulties with his shoulder and upper arm.
Surgery was suggested but the child’s parents were against that option because of the risks involved.
Despite his difficulties, the teenager has been doing well at school and enjoys playing sports, counsel added.