A girl who allegedly suffered a shoulder injury during her birth at Cork University Maternity Hospital has settled a High Court action for €375,000.
Ciara Kelly who is now aged 11 years the High Court heard has been left with a significant but not profound disability and her ability to play sports is affected.
The little girl it was claimed suffered an injury to her left shoulder known as shoulder dystocia during her birth on March 28th, 2010.
Her counsel Liam Reidy SC instructed by James O’Brien & Co solicitors told the court it was their case too much force had been allegedly used in extracting the baby during the delivery . He said his side also contended Ciara’s mother should have been given an option of a caesarean section as this was her third child.
Ciara Kelly had through her mother Lisa Kelly of Glanmire, Co Cork sued the HSE over the circumstances of Ciara’ birth at Cork University Maternity Hospital on Mar 28, 2010. The action related to the provision of obstetrical and ante natal treatment and care during the delivery of the baby who it was alleged has been left with a shoulder injury known as Erb’s Palsy.
Alleged failure
It was claimed there was an alleged failure to recognise of diagnose in sufficient time or at all that the baby at the time of delivery would be a large baby
It was further claimed there was an alleged failure to induce the birth of the baby in good time so as to avoid injury.
The claims were denied.
Mr Reidy told the court Ciara was a very cheerful girl and he had spoken to her through Zoom calls. He said her left arm is functioning, but not ideally functioning.
He said the young girl wanted to be a teacher and there was nothing about the injury which would prevent her achieving that.
Mrs Lisa Kelly told the court they were happy to accept the settlement. Asked by Mr Justice Paul Coffey how her daughter was, she said she was doing okay and enjoying her summer holidays.
Approving the settlement Mr Justice Paul Paul Coffey said it was prudent to rule the offer made. He also offered his best wishes to Ciara.
