Teen settles case against Rotunda for €1.1m over alleged shoulder injury at birth

High Court reporters

A 16-year-old boy who claimed he suffered a severe shoulder injury at birth at the Rotunda Hospital has settled a High Court action for €1.15 million.

Bassit Balogun has significant difficulties with his left arm, shoulder and elbow, the High Court heard.

His counsel, Dr John O’Mahony SC, told the court that liability was vigorously denied in the case and the settlement, which was reached after mediation, was without an admission of liability.

The Rotunda Hospital in Dublin said the treatment and care provided to the baby boy and his mother was in accordance with an appropriate standard of medical care.

Dr O’Mahony said the boy has required surgeries since his birth, the first being when he was four months old. He said the Erb’s Palsy injury was at the more serious end, with several nerve roots involved.

He added it was their case that the mother should have been offered a caesarean section and informed that shoulder dystocia was a risk.

Mr Balogun, who now lives in Glasgow, had through his mother, Bunmi Balogun, sued The Rotunda Hospital, Parnell Square, Dublin, over the circumstances of his birth on February 1st, 2007.

At the time of his birth, the family lived in Tyrrellstown, Dublin.

It was claimed that there was a failure to manage the baby’s shoulder dystocia appropriately, or at all, and that a downward traction had been allegedly employed around the baby’s head while the shoulder was still impacted.

It was further claimed there was a failure to advise the mother that the baby would be very large, and an alleged failure to offer her the option of delivery by caesarean section.

It was also claimed there was a failure to manage the mother’s diabetic condition adequately, or at all.

After delivery, it was claimed the baby was ventilated for 14 hours, and it was further claimed he suffered severe left Erb’s Palsy.

All the claims were denied, and it was contended by the hospital that there was no indication of at any time prior to the onset of labour or during labour itself, to perform a caesarean section.

The hospital further contended it was not reasonably possible to predict or prevent the occurrence of shoulder dystocia at the time of delivery, and when it did occur it was managed appropriately and to an appropriate standard of medical care.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he told the teenager he was delighted the case had been resolved to his satisfaction.