A NINE-YEAR-OLD girl who sustained a permanent shoulder disability as a result of alleged mismanagement of her birth has secured €620,000 in settlement of her High Court action.
Chloe Eimear Murphy had, through her mother Colette Murphy, Rearour, Aherla, Co Cork, taken the action against the Health Service Executive and Vincent Finton, a consultant obstetrician at Erinville Hospital, Western Road, Cork.
The settlement, made without admission of liability, was approved yesterday by Mr Justice John Quirke. The defendants had denied negligence or mismanagement of the birth.
Dr John O’Mahony, for Chloe, said she suffered the shoulder injury, Erb’s palsy, due to mismanagement at her birth. His experts contended that the injury would not have occurred if the appropriate procedures had been adopted, he said.
In a statement of claim, it was alleged Chloe’s mother had suffered from insulin-dependent diabetes and this was known to the defendants.
Between September 29th, 1998, and April 15th, 1999, Ms Murphy had made about 20 visits to the hospital for examination concerning her pregnancy.
On April 19th, 1999, Ms Murphy was admitted to hospital to deliver her child and an induction procedure began at 9.30am.
At 6.40pm, an irregularity was noted and an acute emergency in the form of a shoulder injury occurred during delivery.
It was alleged the consultant applied inappropriate pressure and excessive traction to free the baby.
At 6.55pm, Chloe was delivered.
It was claimed Chloe would have a permanent disability which would adversely affect her throughout her life.
It was also claimed the defendants failed to perform a Caesarean section when they knew or ought to have known it was probable that dystocia would occur on delivery.