Boy (12) settles High Court action for €900k over injury at birth

High Court Reporter

A 12-year-old boy who suffered a right arm injury during his birth at University Maternity Hospital Limerick, has settled a High Court action for €900,000.

Noah Boland from Kilmurray McMahon, Kilrush, Co Clare, it was claimed before the High Court, has been left with a weakness in his right arm and has had to have follow-up surgery and procedures.

His counsel, Dr John O’Mahony SC, with Doireann O’Mahony BL, told the court it was their case that there was an alleged failure to advise the mother appropriately as to the alternative delivery methods available, such as caesarean section. It was also their case that alleged excessive traction was applied during the delivery of the baby.

The settlement reached with the HSE, following mediation, is without an admission of liability.

Counsel told the court that the baby was over 4kg, and it was their case the mother should have had a caesarean section.

The baby’s father, counsel said was present at the birth, and he would say that the application of traction was very significant and there was panic in the room.

Noah Boland had, through his mother Sinead Boland, sued the HSE over the arm injury known as Erb’s Palsy during his birth on October 14th, 2013. Represented by solicitor Johan Verbruggen, they claimed that, as a consequence, Noah will suffer a lifelong disability.

In the proceedings, it was claimed that the mother was allegedly told that her baby was very large, but there was allegedly no discussion with her about the difficulties such a weight might present.

It was claimed that at no time were options discussed with the mother or was she told the safest way for her baby to be born.

It was further claimed that the mother had allegedly been repeatedly falsely reassured that the size of the baby didn’t matter.

The mother, it was claimed, had been allegedly deprived of electing for a caesarean section and the shoulder dystocia had allegedly been incompetently managed at the end of labour.

The HSE admitted that shoulder dystocia occurred but contended the delivery was appropriately managed.

It said the occurrence of shoulder dystocia does not imply negligence or inappropriate care, and foetal size is not an accurate predictor of shoulder dystocia, which it contended was neither predictable nor preventable in these circumstances.

Approving the settlement, Mr Justice Paul Coffey said he was satisfied it was fair and reasonable, and he wished Noah and his family the very best for the future.