Teenager settles case against Rotunda Hospital for €1.1m over alleged shoulder injury at birth

The court was told the boy has had to have surgeries since his birth, the first one when he was four months old

The Rotunda Hospital contended the treatment and care provided to the baby boy and his mother accorded with an appropriate standard of medical care. File photo

A 16-year-old boy who claimed he suffered a severe shoulder injury at birth at The Rotunda Hospital, Dublin, has settled a High Court action for €1.15 million.

Teenager, Bassit Balogun, the High Court heard has significant difficulties with his left arm, shoulder and elbow.

His counsel, Dr John O’Mahony SC, told the court that liability was vigorously denied in the case and the settlement, which was reached after mediation, was without an admission of liability. The Rotunda Hospital contended the treatment and care provided to the baby boy and his mother accorded with an appropriate standard of medical care.

Dr O’Mahony said the boy has had to have surgeries since his birth, the first one when he was four months old. He said the Erb’s Palsy injury was at the more serious end with several nerve roots involved.

He said it was their case that the mother should have been offered a caesarean section and told that shoulder dystocia was a risk.

Bassit Balogun who now lives in Glasgow, Scotland, had through his mother Bunmi Balogun sued The Rotunda Hospital, Parnell Square, Dublin, over the circumstances of his birth on February 1, 2007. At the time of the birth, the family lived in Tyrrellstown, Dublin.

Claims

It was claimed that there was an alleged failure to manage the baby’s shoulder dystocia appropriately or at all and that a downward traction had been allegedly employed around the baby’s head while the shoulder was still impacted.

It was further claimed there was an alleged failure to advise the mother that the baby would be a very large baby and an alleged failure to offer her the option of delivery by caesarean section. It was also claimed there was an alleged failure to manage the mother’s diabetic condition adequately or at all.

The baby after delivery, it was claimed, was ventilated for 14 hours and it was claimed he suffered severe left Erb’s Palsy.

All the claims were denied and it was contended by the hospital that there was no indication at any time prior to the onset of labour or during labour itself, to perform a caesarean section. 

The hospital further contended it was not reasonably possible to predict or prevent the occurrence of shoulder dystocia at the time of delivery and when it did occur it was managed in an appropriate way and to an appropriate standard of medical care.

Approving the settlement, Mr Justice Paul Coffey said it was fair and reasonable and he told the teenager he was delighted the case had been resolved to his satisfaction.