A Junior Cert student who suffered a shoulder injury at birth has secured €250,0000 in settlement of his legal action against the HSE.
Shane Kelly McGrath (15), Stoker’s Lawn, Listowel, Co Kerry, was not in the High Court on Thursday when the settlement was approved as he was sitting his Junior Cert exams.
Michael Counihan SC, for the teenager, told Mr Justice Michael Hanna the boy suffered a severe shoulder injury during his birth at Tralee General Hospital on June 25th, 2001.
The case, brought through the boy’s mother Christina Kelly, alleged excessive traction during birth which led to the boy suffering Erbs Palsy shoulder injury.
It was claimed excessive traction was used on the baby’s head during delivery and there was failure to treat the condition in accordance with normal standards of accepted medical practice.
Disability
The HSE had denied the claims.
Mr Counihan said Shane has done remarkably well and is captain of his Gaelic and soccer teams but would be unable to qualify as a pilot, fireman or garda because of his disability.
Christina Kelly told the judge she was not happy with the settlement offer. She said that, after the birth, she was told she was small and her baby was big but Shane weighed 3.7kg (8.157lbs) at birth.
Mr Counihan said the boy’s legal team was recommending the settlement offer be approved.
Approving the offer, Mr Justice Hanna said it was a serious offer and the court would be slow to disregard the advice of the boy’s legal team.
