Teenager (17) settles action for €650,000 after injury during birth

A teenager who suffered a shoulder injury during his birth at the Mid Western Regional Maternity Hospital, Limerick, has settled a High Court action for €650,000.

Keith Bryant (17) from Shannon, Co Clare, had sued the Health Service Executive.

John O’Mahony, Bryant’s counsel, told the court the baby was diagnosed with an Erb’s palsy right shoulder injury after birth.

O’Mahony said Bryant was a very large baby and it was their case that injury could have been avoided if a Caesarean section had been carried out.

He said Bryant’s sister, who was born five years earlier, was also a very large baby but, he said, “unfortunately this was not looked into”.

The settlement with the HSE was agreed without an admission of liability.

Bryant had, through his mother Louise Bryant, sued the HSE over the circumstances of his birth at the hospital – now known as University Maternity Hospital Limerick – in January 2009.

Keith’s mother was admitted to the facility on January 12th, 2009, for induction of labour.

It was Bryant’s case that his sister who was born five years earlier was a large baby and it should have been known he would be a large baby too.

In the proceedings it was claimed there was an alleged failure to assess the projected birth weight of the baby to a reasonable degree of accuracy.

It was further claimed the baby’s weight had been significantly underestimated and there was a failure to offer the mother a Caesarean section.

It was further contended there was a failure to have regard to the concerns of the mother in the weeks prior to delivery that her boy was a large baby.

All of the claims were denied.

The HSE denied there was a failure to recognise the birth weight or that there was any indication to perform an elective Caesarean section.

The HSE said the mother was examined and treated in accordance with an acceptable standard of care during the antenatal, labour, delivery and postnatal periods.

Approving the settlement, Judge Paul Coffey said he was satisfied the settlement was fair and reasonable.

The judge was told an action brought by Bryant’s mother in relation to the birth was also settled.