Girl settles case against hospital over shoulder injury for €600,000

A 12-year-old girl who claimed she suffered a shoulder injury at birth at the Midland Regional Hospital has settled a High Court action for €600,000.

Jessica Nolan suffered an injury to her left shoulder and resultingly has difficulties steadying a notebook to write or using an iPad, it was claimed. She also claimed she has difficulty lifting and carrying her school bag.

Miriam Reilly, SC for the plaintiff, told the court it was their case that excessive traction was applied during delivery. The Health Service Executive (HSE) denied the claim, and counsel said that nursing notes reflected the appropriate traction was applied.

She said her side contended that the injury was in the moderate category but the HSE put it in the mild category.

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The settlement was reached after mediation without an admission of liability.

Counsel said Jessica’s mother, Ruth Nolan, gave up her job so she could provide her daughter with physiotherapy six times a day. She said the girl’s progress is due to the efforts, care and dedication of her parents.

Jessica, of Kinnegad, Co Westmeath, had through her father Dermot Nolan sued the HSE over the circumstances of her birth at the Midland Regional Hospital, Mullingar, in October 2010. It was claimed the management of the shoulder dystocia at birth was incompetent and was directly responsible for the baby’s injuries.

It was claimed that during delivery, traction was allowed to be applied in circumstances where it was excessive, unnecessary, unjustified, and inappropriate.

It was further alleged there was a failure to manage the baby’s delivery, and in particular the shoulder dystocia, in a competent manner.

All the claims were denied.

Jessica, who was sent for X-ray on the day she was born to rule out a suspected fracture of the clavicle was later diagnosed as having left-side Erb’s Palsy.

Approving the settlement, Mr Justice Paul Coffey said he was delighted the case had been resolved and he conveyed his very best wishes to Jessica. He said the case was not without a litigation risk. The offer, he said, was fair and reasonable and he had no hesitation in approving it.