All Posts Tagged: erbs palsy birth injury compensation

Judge Approves Settlement of Compensation for Erb´s Palsy

A judge at the High Court has approved a €530,000 settlement of compensation for Erb´s palsy in favour of a six-year-old boy from County Kerry.

The boy on whose behalf the claim was made was born at Kerry General Hospital on March 22nd 2010. However, rather than being delivered by Caesarean section as had been requested by his mother on three separate occasions, the boy was delivered naturally with the assistance of a vacuum cup.

Due to the baby´s size, his shoulder got stuck as he passed through his mother´s birth canal and he suffered shoulder dystocia as medical staff tried to free him. Due to the force that was used during the procedure, the boy will now have a weakened left arm for the rest of his life.

On his son´s behalf, the boy´s father claimed compensation for Erb´s palsy against the Health Service Executive (HSE). Liability for the boy´s injuries was initially contested, but eventually the parties agreed on a settlement of compensation amounting to €530,000.

As the claim for compensation for Erb´s palsy had been made on behalf of a child, the settlement had to be approved by a judge to ensure it was in the boy´s best interests. The approval hearing took place earlier this week at the High Court before Mr Justice Kevin Cross.

At the hearing, Judge Cross was told that an ultrascan had shown the boy to be a large baby and, because of his potential size, his mother had requested a Caesarean section delivery during a consultation and again when she was admitted to hospital in labour.

The judge also heard that the boy is very good at maths and has learned to write with his left hand, although he is unable to close buttons or tie shoes and will struggle at sports later in life. The judge approved the settlement of compensation for Erb´s palsy and wished the family well for the future.

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Erbs Palsy Birth Injury Compensation Approved for Cork Girl

A teenager from Cork is set to receive 700,000 Euros after a proposed settlement for Erbs Palsy birth injury compensation was approved at the High Court in Dublin.

Aoife James, aged 14, from Douglas in Cork, was born in 1998 with Erbs Palsy – a condition also known as Brachial Plexus Birth Palsy, which is caused by the over-extension of the nerves between the neck and shoulder during delivery.

In the majority of cases, the nerves repair themselves within the first few months of an infant’s life, but in Aoife’s case the condition remained in her right side and she is unable to perform relatively basic tasks such as wash herself or dry her hair using her right arm.

Despite intense physiotherapy and two major operations, Aoife’s condition has not improved and claiming through her mother, Carol, that her condition was caused by medical negligence at the time of her birth, Aoife made a birth injury compensation claim against the attending consultant obstetrician – Patrick Kieran of the Cork Clinic, Western Road, Cork.

In her claim for Erbs Palsy birth injury compensation, Aoife alleged that she suffered permanent right-sided Erbs Palsy due to the obstetrician’s negligence, and that her severely functionally compromised upper right limb was responsible for a deterioration in her quality of life.

At the High Court, Ms Justice Mary Irvine heard that an offer of Erbs Palsy birth injury compensation had been made without admission of liability and the family were willing to accept it. Ms Justice Mary Irvine granted approval for the amount of 700,000 Euros, and ordered that it be paid into court funds until Aoife reaches the age of eighteen.

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