Girl who suffered shoulder injury at birth settles High Court case for €650k

A girl who suffered an injury to her right shoulder at birth has settled her High Court action for €650,000.

Isabella McLaughlin, now aged nine, is left with a permanent weakness in her right shoulder and has some difficulty with zip fasteners, the court was told.

Her counsel Oonah McCrann SC said Isabella is a fantastic little girl who takes part in a range of sports and activities including swimming and horse riding.

When just over four months old, Isabella required nerve surgery where nerves were grafted into her right arm and she is now left hand dominant, counsel said.

Isabella McLaughlin, Garristown, Co Dublin, had, through her mother Nittaya McLaughlin sued the HSE over the circumstances of her birth at the National Maternity Hospital, Holles Street, Dublin in 2011.

It was claimed there was failure to have any or any adequate regard for the treatment plan made two years earlier in relation to the mother after the birth of her first child. It was further claimed there was failure to consider adequately or at all the use of a caesarean section for Isabella’s birth.

It was alleged there was failure to carry out a caesarean and the baby was exposed to the risks of an instrumental delivery in circumstances where such a delivery should not have been carried out.

The HSE admitted negligence and breach of duty in the care and treatment of the baby and the settlement was reached after mediation.

When Isabella was born she had to be resuscitated and was in intensive care for a few hours, it was claimed. It was noticed her right arm was frozen and she was diagnosed with Erb’s Palsy, a condition characterised by arm weakness. Her injury was categorised as in the most severe form and her right arm was shorter than her left.

Mr Justice Kevin Cross said it was a good settlement and approved it.