A settlement of €850,000 has been achieved in a High Court case revolving around a young girl, now aged nine, claiming she experienced birth injuries at the National Maternity Hospital. The child’s lawyer, Oonah McCrann, argued that during the birth, the baby was extracted too abruptly and swiftly, causing her to develop a shoulder and arm injury known as Erb’s Palsy.
McCrann highlighted that the girl, whose identity is concealed by court order, is required to wear a support on her arm nightly and will persistently experience functional challenges. Although the settlement has been reached, it excludes any liability admission from the hospital. The hospital acknowledged the girl has Erb’s Palsy but disputed that it was linked to any carelessness or duty breach on their side.
The lawsuit against the National Maternity Hospital by the girl, through her mother, was grounded on the circumstances surrounding her 2014 birth at the facility on Holles Street, Dublin. The suit claimed an immediate call for assistance wasn’t dispatched after shoulder dystocia was recognised, and too early traction was applied. Moreover, it was alleged the delivery was incredibly traumatic, and in the aftermath, it was noticed that the baby’s right arm symptoms had barely decreased during her clinic checkups.
It was later discovered that she had a considerable right side brachial plexus palsy since her birth, showing no initial movement in her shoulder or elbow, necessitating specialist treatment. The hospital refuted that the Erb’s Palsy was a result of any perceived negligence, stating that suitable measures were used in a reasonable manner, complying with the best practice clinical guidelines effective at that time.
Upon the settlement’s approval, Ms Justice Denise Brett commended the young girl for her extraordinary efforts, particularly in sports and music.