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Erb’s Palsy Settlement for €400,000 for Girl

At the High Court an Erb’s Palsy settlement against the National Maternity Hospital (NMH) for €400,000 has been approved for a six-year-old girl who allegedly suffered a shoulder injury at birth.

As part of the birth injury compensation action it was alleged that when the young girl, Alice Hayes, was delivered by junior doctors excessive traction was applied. It was claimed she sustained a brachial plexus injury to her left shoulder and now has a shoulder condition which is referred to as Erb’s palsy. It was also claimed that during the labour an alleged incorrect determination was made of the position of the baby. It was alleged that, due to this incorrected determination, excessive downward traction was applied to the baby’s head.

Alice, of Anglesea Avenue, Blackrock, Dublin, took the birth injury compensation action via her mother Norah McNulty, against the NMH in Holles Street, Dublin, over the antenatal care provided in the lead-up to her delivery, the management of her mother’s labour and the birth that took place on September 8, 2013.

The legal team acted for Alice, claimed that if Alice’s mother had been properly guided on the options for delivery in respect of the birth of her daughter and on the risks or benefits associated with the different options for delivery, she would have elected for a Caesarean section. These claims were denied by the defendants in the case.

Alice’s counsel, Dr John O’Mahony, informed the court she is doing well under the care of very supportive parents. The settlement was without admission of liability.

Presiding Judge Justice Kevin Cross said it was a very good settlement and gave his approval for it.


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