A 16-year-old boy who claimed he suffered a severe shoulder injury at birth at The Rotunda Hospital, Dublin, has settled a High Court action for €1.15 million.
Bassit Balogunhas has significant difficulties with his left arm, shoulder and elbow, the High Court heard.
His senior counsel, Dr John O’Mahony, told the court liability was vigorously denied in the case and the settlement was reached after mediation and without an admission of liability.
The Rotunda Hospital contended the treatment and care provided to the boy and his mother accorded with an appropriate standard of medical care.
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Dr O’Mahony said the boy has had to have surgeries since his birth, the first of which was 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 said it was their case that the mother should have been offered a caesarean section and told that shoulder dystocia was a risk.
Bassit, who now lives in Glasgow, Scotland 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 the birth, the family lived in Tyrrellstown, Dublin.
It was claimed there was a failure to manage the baby’s shoulder dystocia appropriately or at all and that downward traction was employed around the baby’s head while the shoulder was still impacted.
It was further claimed there was a failure to advise the mother the baby would be very large and a failure to offer her the option of delivery by Caesarean section.
There was also an alleged failure to manage the mother’s diabetic condition adequately or at all.
The baby after delivery was ventilated for 14 hours and it was claimed he suffered severe left Erb’s Palsy, it was claimed.
All the claims were denied and it was contended by the hospital that there was no indication at any time before 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 in an appropriate way and to an appropriate standard of medical care.
Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable. He told the teenager he was delighted the case had been resolved to his satisfaction.