Clare teenager settles action against HSE for €650,000 over shoulder injury at birth

The court heard that the complainant was a very large baby and it was their case that injury could have been avoided if a caesarean section had been carried out

The settlement against the HSE is without an admission of liability. File picture

A 17-year-old youth who it was claimed suffered a shoulder injury during his birth at the Mid Western Regional Maternity Hospital in Limerick has settled a High Court action for €650,000.

Keith Bryant from Shannon, Co Clare, had sued the HSE. His counsel, Dr John O’Mahony SC with Doireann O’Mahony BL, told the court that the baby was diagnosed with an Erb’s Palsy right shoulder injury after birth.

Counsel said Keith was a very large baby and it was their case that injury could have been avoided if a caesarean section had been carried out.

Counsel said Keith’s sister who was born five years earlier, was also a very large baby but, he said, “unfortunately this was not looked into.” Keith, counsel said, has adapted very well and plays sports.

The settlement against the HSE is without an admission of liability.

Keith Bryant from Shannon, Co Clare had through his mother Louise Bryant sued the HSE over the circumstances of his birth at the Limerick hospital in January 2009.

Keith’s mother was admitted to the Mid Western Regional Maternity Hospital, Limerick on January 12, 2009, for induction of labour. It was the Bryant’s case that Keith’s sister, who was born five years earlier, was a large baby and it allegedly should have been known that Keith would be a large baby too.

In the proceedings, it was claimed there was an alleged failure to assess the projected birth weight of the baby to a reasonable degree of accuracy.

It was further claimed the baby’s weight had been allegedly significantly underestimated and there was an alleged failure to offer the mother a caesarean section.

There was, it was further contended, an alleged failure to have regard to the concerns of the mother in the weeks prior to delivery that her boy was a large baby.

All of the claims were denied and the HSE denied that there was an alleged failure to recognise the birth weight or that there was any indication to perform an elective caesarean section. 

The HSE contended that the mother was examined and treated in accordance with an acceptable standard of care during the ante natal, labour, delivery and post natal periods.

Approving the settlement, Mr Justice Paul Coffey said he was satisfied the settlement was fair and reasonable. The judge was also told an action brought by Keith’s mother, Louise Bryant, in relation to the birth was also settled.