Boy (5) who sued over alleged arm injury at birth settles for €905,000
High Court Reporters
A 5-year-old boy who allegedly suffered a left arm injury at birth has settled a High Court action for €905,000.
Jurgis Seskevicus of Roscrea, Co Tipperary, had through his mother Nadzeya Seskeviciene, sued the HSE over the circumstances of his birth at Midland Regional Hospital, Portlaoise on June 6th, 2020.
The boy’s counsel, Patrick Treacy SC, with Sara Antoniotti SC instructed by Deirdre K Ryan Solicitors, told the court the little boy had to have surgery when he was five months old and again when he was 19 months old, and there was a marked discrepancy of the left shoulder.
The settlement against the HSE is without an admission of liability.
Counsel said the little boy will also need to have one more surgery.
In the proceedings, it was claimed the baby suffered an injury to his left arm due to shoulder dystocia resulting in left Erb’s palsy.
It was further claimed that there was an alleged failure to advise the mother about any alternative options other than being told that she needed an induction of labour to prevent shoulder dystocia.
The baby boy, it was further claimed, had been allegedly exposed to a risk of injury of which they knew or ought to have known.
There was also an alleged failure to discuss with the baby’s mother or offer the option of elective caesarean section due to the increased risk of shoulder dystocia.
Upon delivery, the baby boy had to be resuscitated, and he was later reviewed for shoulder dystocia. He was seen by a physiotherapist at the hospital on June 22nd, 2020, where his parents reported movement of fingers on his left hand but no arm movement and he was referred for further physiotherapy.
The claims were denied and the HSE contended the antenatal care provided to the mother was appropriate. It also claimed the delivery was carried out appropriately in the circumstances and demonstrated good clinical practice in the management of shoulder dystocia.
Approving the settlement, Mr Justice Paul Coffey noted that there was a significant litigation risk in the case. The settlement he said was fair and reasonable.
