Girl with shoulder injury after birth settles case for €650k

Isabella McLaughlin, Garristown, Co Dublin, had through her mother Nittaya McLaughlin sued the HSE over the circumstances of her birth at the National Maternity Hospital, Holles Street, Dublin in 2011. File Photo

A nine-year-old girl who suffered an injury to her right shoulder at birth has settled her High Court action for €650,000.

Isabella McLaughlin is left with a permanent weakness in her right shoulder and has some difficulty with zip fasteners.

Her counsel Oonah McCrann SC told the High Court she is a fantastic little girl who takes part in a range of sports and activities, including swimming and horse riding.

She said when she was just over four months old Isabella required nerve surgery where nerves were grafted into her right arm. The little girl is now left-hand dominant.

Isabella McLaughlin, Garristown, Co Dublin, had through her mother Nittaya McLaughlin sued the HSE over the circumstances of her birth at the National Maternity Hospital, Holles Street, Dublin in 2011.

It was claimed there was an alleged failure to have any or any adequate regard for the treatment plan made in relation to the mother two years earlier after the birth of her first child.

It was further claimed there was an alleged failure to consider adequately or at all the use of a caesarean section for Isabella’s birth.

It was further alleged there was a failure to carry out a caesarean and the baby was allegedly exposed to the risks of an instrumental delivery in circumstances where such a delivery should not have been carried out.

The HSE has admitted negligence and breach of duty in the care and treatment of the baby and the settlement was reached after mediation.

When Isabella was born she had to be resuscitated and was in intensive care for a few hours. It was also noticed that her right arm was frozen and she was diagnosed with Erb’s Palsy, a condition characterised by arm weakness.

Her injury, it is claimed, was categorised in the most severe form of the injury and her right arm was shorter than her left.

Approving the settlement, Mr Justice Kevin Cross said it was a good one.