Student awarded €250k for birth injury

A student who suffered a shoulder injury at birth, yesterday settled his High Court action against the HSE for €250,000. Shane Kelly McGrath, aged 15, Stoker’s Lawn, Listowel, Co Kerry, was not in court when the settlement was approved as he was sitting his Junior Cert exams.

His counsel Michael Counihan told Mr Justice Michael Hanna the boy suffered a severe shoulder injury at his birth at Tralee General Hospital in June 2001.

He said it was their case there was excessive traction during the boy’s birth and he suffered an erbs palsy shoulder injury.

Shane had through his mother Christina Kelly sued the HSE over the circumstances of his birth on June 25, 2011.

It was claimed there was excessive traction used on the baby’s head during the delivery and there was an alleged failure to treat the baby’s condition in accordance with the normal standards of accepted medical practice.

The HSE had denied the claims.


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