Boy settles case for €530,000 over shoulder injury suffered at birth

Court heard claims that despite C-section request baby delivered with help of vacuum cup

A boy who suffered a shoulder injury at birth has settled his High Court action for €530,000.

Caydyn Molloy, now aged six, of Lixnaw, Co Kerry sued the Health Service Executive (HSE) through his father Derek, over the circumstances of his birth at Kerry General Hospital on March 22nd 2010.

Dr John O’Mahony SC for the child, said Caydyn’s mother had requested a Caesarean section twice before her baby’s due date and would also say she requested a C-section when she went into hospital for the delivery.

His side contended, that if Caydyn had been delivered by Caesarean section, the injuries to his shoulder would not have occurred.


A separate action against the HSE by Caydyn’s mother Mary Molloy for nervous shock has been settled for €60,000, the court also heard.

In the child’s action, it was claimed he suffered a shoulder injury and was diagnosed as suffering Erb’s palsy.

It was claimed that, Mrs Molloy, then pregnant with her third child, had said on January 20th 2010 that she wished to have her baby delivered by C-section.

At a consultation at the hosptial at the end of February, it is claimed the baby was found to be a large size and the request for a C-section was repeated.

It was claimed the statements requesting a C-section were clear and unambiguous.

Mrs Molloy went into labour on March 22nd 2010 and was admitted to Kerry General Hosptial when, it was claimed, she said again she wished a delivery by Caesarean section.

It was claimed, that despite her request, the baby was delivered by way of vaginal delivery with assistance of a vacuum cup and the baby suffered an injury to his right shoulder.

The claims were denied.

Dr O’Mahony told the court Caydyn is very good at school but is unable to close buttons or tie shoes, does not play hurling and catching a ball might be an issue if playing football.

Mary Molloy said her son has had to learn to write with his left hand and is very good at maths.

Mr Justice Kevin Cross approved the settlement and remarked that the boy might be a rocket scientist or something like that some day.