Courts

Boy left with small scar from forceps delivery settles court case for €50,000

Hospital denied claim of failure to exercise the degree of care, skill and competence Kai Corcoran was entitled to expect

It was alleged in the High Court action that the forceps were applied incorrectly to Kai Corcoran when he was born in November 2016. Photograph: iStock

Tue Nov 14 2023 - 16:32

A boy who allegedly ended up with bruising to his face and is left with a small scar after a forceps delivery at Cork University Maternity Hospital (CUMH) has settled a High Court action for €50,000.

Kai Corcoran has one scar on his left temple, which is a residual minor indentation that is going to be permanent, his senior counsel, Dr John O’Mahony, told the court. Counsel said it was their case that the forceps were misapplied during the delivery seven years ago.

Dr O’Mahony said a full defence was entered in the case and the settlement is without an admission of liability.

Kai, of Silversprings, Cork city, had through his mother, Sharon Walsh, sued the HSE over the care he received at the time of his birth on November 7th, 2016.

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Ms Walsh was admitted to CUMH on November 6th for planned induction. A decision was later made to transfer to theatre and she was prepped for instrumental delivery. He was delivered using a forceps shortly before 11pm on November 7th.

Kai was marked to the left and right side of his face and ears, it was claimed. It was alleged that the forceps were applied incorrectly and there was a failure to exercise the degree of care, skill, competence, diligence and judgment that the baby was entitled to expect.

It was further claimed there was a failure to ensure the blades were being applied symmetrically and scarring was allegedly inflicted on the baby on his left temple. All the claims were denied.

Counsel said Ms Walsh was told the bruising would clear up in a day or so, but one scar has remained. He said there will be an option when the boy grows up to have a procedure to minimise the scar.

Approving the settlement, Ms Justice Leonie Reynolds said it was a very good offer.

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