Fieldfisher Settles Erb's Palsy Case for €1.35 million

Jack* sustained a left-sided obstetric brachial plexus injury (also known as Erb's palsy) during his birth at a Hospital in Munster in 2000. Jack's injury involved the C5 and C6 nerves, and he was diagnosed as a Narakas Grade II injury. 

Read about our Erb's palsy claims

Life Challenges
Jack's impairments meant that he required extensive physiotherapy, occupational therapy, and surgical interventions throughout his childhood and adolescence. The visible surgical scars and the cosmetic deformity (winging) of his left shoulder blade have also contributed to his challenges. 

He developed glenohumeral dysplasia and would experience posterior dislocation of the shoulder occasionally.  Despite multiple surgeries and ongoing therapies, Jack continues to experience significant physical impairments, including weakness, stiffness, pain and limited mobility in his left shoulder, arm and hand.

Legal Proceedings
The medical negligence claim was initiated in 2020 against the Consultant Obstetrician and Hospital. We argued that there was negligence by the medical professionals involved in Jack's birth. In particular, it was alleged that the Consultant pulled excessively hard on Jack's head while his shoulder was stuck behind his mother's pubic bone, a birth complication known as shoulder dystocia. 

It was alleged that this traction caused a stretch of the nerves in the brachial plexus, injuring them and leading to a permanent physical disability. It was also pleaded that there was a failure to perform the McRoberts manoeuvre and apply suprapubic pressure, to overcome the complication and in so doing, avoid injuring the nerves.

A Defence was delivered on behalf of each Defendant, denying and requiring proof of all allegations of negligence and breach of duty of care, causation and damages.

Settlement
Through mediation, a settlement for €1.35 million was agreed with the Consultant. The case against the Hospital was struck out. The award provides Jack with compensation to reflect his lifelong pain and suffering, as well as the financial support needed for his future needs. 

Conclusion
This case underscores the importance of regular obstetric and midwifery training around prevention and management of shoulder dystocia. It also demonstrates the importance of retaining expert legal representation in medical negligence claims which relate to birth injuries such as Erb's palsy. 

Fieldfisher Ireland's dedication and expertise were instrumental in securing a record settlement, ensuring that Jack receives the necessary support to manage his condition and lead a fulfilling life.

Read more about our birth injury claims and hear from clients 

With special thanks to Dr John O'Mahony SC and Ms Doireann O'Mahony BL, Counsel throughout this case.

*Name changed 

Contact us

For further information about birth injury claims please call Johan Verbruggen on  +353 1 8280 982 or email johan.verbuggen@fieldfisher.com.

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