Settlement approved for boy who suffered shoulder injury at birth

A teenage boy who suffered a shoulder injury at birth has settled his High Court action for €400,000.

Joshua Hoare suffered an injury to his left upper arm and is unable to play hurling at competitive level as he has difficulty holding the hurley and the ball, the court was told.

Now aged 14, Joshua Hoare, Woodfield, Station Road, Blarney, Co Cork had through his mother Emma Fitzpatrick sued consultant obstetrician and gynaecologist Rachel Patton who at the time practised at Bon Secours Hospital , College Road, Cork city over the circumstances of his birth on May 30th, 2003 at Bon Secours Hospital.

At the time, Ms Patton practised at the Bon Secours Hospital and it was alleged the boy’s delivery was managed and carried out by Ms Patton.

It was claimed, during delivery, the complication of shoulder dystocia was encountered and the baby was delivered by forceps.

Five minutes after delivery, the baby’s left arm remained limp and the next day his parents were told he had an Erb’s palsy injury, it was claimed.

It was claimed there was failure to exercise any, or any reasonable care and skill, concerning the examination, investigation, diagnosis, management , care and treatment during labour and delivery.

It was also alleged there was failure to act with due and proper care, diligence and caution when shoulder dystocia was encountered during delivery.

The claims were denied.

Dr John O’Mahony SC, for the plaintiff, said the parents were happy with the settlement.

Approving the settlement, Mr Justice Kevin Cross said it was a good one and he wished Joshua well for the future.