Coleman Legal LLP secures €420,000 settlement in birth injury claim involving shoulder dystocia

Birth injury claim settled for €420,000 by Coleman Legal

Our client came to Diane Treanor at Coleman Legal with a claim arising from an injury sustained during her birth. During delivery, a complication known as shoulder dystocia arises, a situation in which the baby’s shoulder becomes lodged, and delivery cannot proceed by normal means. In response, the mother was placed in the McRobert’s position. However, during efforts to complete the delivery, excessive downward traction was applied to our client’s head and neck. This caused damage to the nerves of the left brachial plexus, resulting in our client developing Erb’s palsy affecting her upper limb.

The injury had a lasting impact on her physical development and required ongoing medical intervention as she grew up. She came to Coleman Legal as a minor approaching adulthood, and Diane Treanor agreed to act on her behalf.

How we supported our client through the process

Diane Treanor carried out a detailed assessment of the obstetric management of the delivery, focusing on whether the traction applied was excessive and whether the standard of care expected of an obstetrician in that situation had been met. The applicable standard in Irish medical negligence law derives from Dunne v National Maternity Hospital [1989] and the Civil Liability Act 1961, which requires a medical practitioner to exercise the care and skill of the ordinarily careful and competent practitioner in the relevant speciality.

Three independent experts were instructed:

• An obstetrician, who assessed the management of the shoulder dystocia, the decision to use the McRobert’s position, and whether the degree of traction applied fell below the expected standard of care.
• An orthopaedic consultant, who assessed the nature and extent of the brachial plexus injury and its effects on our client’s upper limb function.
• A physiotherapist, who addressed our client’s ongoing treatment requirements and long-term prognosis.

Our client had required regular physiotherapy throughout her life to maintain her range of movement. As she grew, contractures developed over time and she required surgical lengthening of her subscapularis muscle. There remained a risk of secondary complications developing as she aged. The full extent of her ongoing and anticipated needs was addressed in the expert evidence.

As a minor, our client’s Statute of Limitations did not run until she reached adulthood. Proceedings were issued and conducted over four years, with medical evidence carefully maintained and updated throughout. The case was brought against the private hospital as the defendant.

Outcome and Resolution

A settlement of €420,000 was reached without admission of liability by the defendant hospital, after four years of proceedings. The matter was fully resolved. Diane Treanor of Coleman Legal represented our client throughout.