A High Court action brought on behalf of a girl whose shoulder was allegedly injured during her birth at Cork University Maternity Hospital has been settled for €375,000.
The High Court was told that Ciara Kelly, now 11 years of age, has been left with a disability that is significant but not profound and which has affected her ability to play sports.
It was claimed that the girl suffered an injury known as shoulder dystocia to her left shoulder in the course of her birth on 28 March 2010 and that she has been left with a condition called Erb’s Palsy.
Liam Reidy SC on Ciara’s behalf told the court that her case was that too much force was used when extracting her during delivery. He said that it was also claimed that her mother should have been offered the choice of a Caesarean section since Ciara was her third child.
Ciara Kelly was suing the HSE through her mother Lisa Kelly of Glanmire, Co Cork in relation to the provision of obstetrical and antenatal treatment and care during her delivery.
She alleged that there had been a failure to recognise or diagnose insufficient time or at all that at the time of delivery she would be a large baby, as well as a failure to induce her birth in good time in order to avoid injury. The claims were denied.
Mr Reidy told the court that he had spoken to Ciara via Zoom calls and that she was a very cheerful girl. He said her left arm was functioning but not in an ideal manner. He said she had aspirations to become a teacher and the injury would not prevent her from doing that.
Mrs Lisa Kelly told Mr Justice Paul Coffey that they were willing to accept the settlement. In response to a question from the judge as to how Ciara was, she said her daughter was doing OK and enjoying the summer holidays.
Mr Justice Coffey approved the settlement, saying that it was prudent for him to do so, and offered Ciara his best wishes.