A 10-YEAR-OLD girl has secured €485,000 in the High Court as a result of a shoulder and arm injury allegedly received at birth.
Erica Dineen sued through her mother Nora, the Park, Galbally, Co Limerick. The action was taken against the HSE and Murshid Ismail, a junior doctor in paediatric medicine. The settlement was made without admission of liability by either defendant.
Dr John O’Mahony SC told Mr Justice Vivian Lavan that Erica was currently in fourth class at school and doing reasonably well. She was playing camogie and integrating well.
Mr Justice Lavan said he had no difficulty in approving the offer and felt it was a good offer in the circumstances. It was submitted in a statement of claim that on February 23rd, 1999, Erica’s mother was admitted to St Munchin’s Regional Maternity hospital in Limerick. During her delivery on February 27th, Erica allegedly received an injury which meant she now had Erb’s Palsy, a paralysis which resulted in permanent deformity of her arm.
It was claimed that the personal injuries incurred were caused by the negligence and breach of duty of the defendants by allegedly failing to take any or reasonable care for Erica’s health and welfare in the course of her birth.
The defendants denied negligence and Dr Ismail denied each and every allegation made.
