A nine-year-old girl who, it was claimed, suffered a shoulder injury at birth in the National Maternity Hospital, Dublin has settled a High Court action for €850,000.
The girl cannot be identified by order of the court.
Her counsel, Oonah McCrann, instructed by Cantillons solicitors, told the court it was their case that the baby during her delivery had allegedly been pulled out abruptly and too quickly, and she suffered an injury to her shoulder and arm, known as Erb’s Palsy.
She said the girl, who has to wear a splint on her arm every night, will continue to have functional problems.
The settlement is without an admission of liability. The hospital admitted the baby suffered Erb’s Palsy, but it denied it was caused by any negligence or breach of duty on its part.
The young girl had, through her mother, sued the National Maternity Hospital, Holles Street, Dublin over the circumstances of her birth in 2014.
It was claimed there was an alleged failure to summon help immediately following recognition of shoulder dystocia and that traction had allegedly been applied prematurely.
It was further claimed there was an alleged failure to follow guidelines for the management of shoulder dystocia and there was an alleged excessive duration and force for the delivery of the baby.
It was further claimed the delivery was extremely traumatic and, in the weeks following her birth, the baby was brought to the clinic for review, and it was noted there was little improvement in her right arm symptoms.
She was later noted as having suffered a significant right side brachial plexus palsy since birth, with no initial motion of the shoulder or elbow, for which she required specialist treatment.
The National Maternity Hospital denied the Erb’s Palsy was caused by any alleged negligence.
It said appropriate and necessary measures were adopted in the circumstances and the care provided was of a reasonable standard and consistent with best practice clinical guidelines that were operative at the time.
Approving the settlement, Ms Justice Denise Brett praised the girl for her tremendous efforts after hearing she plays sport and music and excels in both.
The judge said the young girl was absolutely right to be doing this.
