Teen secures €464,000 in case against Kilkenny hospital

A teenage boy has secured €464,000 in settlement of his High Court action over shoulder injuries allegedly sustained as a result of negligent management of his birth.

Gavin Dowling (aged 14), who was born at St Luke's General Hospital Co Kilkenny on December 22, 1995, suffered erbs palsy leaving him without the use of his injured shoulder and upper limb, the court heard.

Gavin, who sued through his mother Mary of Coon West, Via Carlow, Co Kilkenny, was seeking damages for injuries he allegedly suffered against both South Eastern Health Board and Dr Ashraf Aziz, who was a doctor at the hospital at the time of his birth.

He claimed that during the management of Gavin's birth the defendant's had failed to take any care of either him or his mother, caused him to suffer shoulder dystocia, and failed to carry out any adequate or timely manoeuvre to deal with his shoulder dystocia.

Both defendants denied all the claims against them. The settlement was made without admission of liability.

Mr Justice John Quirke today said that he had "no hesitation" in approving the award.

Dr John O'Mahoney SC for Gavin told the court that it was Gavin's case that his injuries were caused by the defendant's negligence, but that there would have been a dispute on the facts of the case.

In all the circumstances, counsel said that the settlement was a good one which the family are happy to accept.

Counsel said that Gavin had reasonable power in his left hand and wrist, but would have permanent difficulties with his shoulder and upper arm.

Surgery was suggested, but counsel said that Gavin's parents were against that option because of the risks involved.

Counsel added that despite his difficulties, Gavin, who comes from a good family, has been doing well at school and enjoys playing sports.