A seven-year-old girl whose case over a shoulder injury allegedly suffered at birth was sent back for a re-trial has secured a €70,000 settlement of her High Court action. It was made without admission of liability.
The Court of Appeal had ordered a re-trial of the case of Sophie Everard who sued the HSE over the management of her birth at Our Lady of Lourdes Hospital, Drogheda, on January 23rd, 2011.
On Tuesday, Mr Justice Kevin Cross approved the settlement. Sophie, who celebrated her seventh birthday today, had made great strides and her parents were to be congratulated for their care for her, he said.
This was the second time Sophie and her family spent her birthday in court but this was the end of their long legal battle, he added.
In 2016, after another High Court judge dismissed the case, that decision was successfully appealed to the Court of Appeal.
In her action, Sophie Everard, Ratoath, Co Meath, through her mother Lisa Everard, sued the HSE for damages for personal injures allegedly sustained at the time of her birth.
The day after her birth, the child was diagnosed with Erb’s Palsy, a left shoulder injury. The HSE denied negligence and denied that traction imposed on Sophie’s head had caused any injury to her arm and shoulder.
In his previous judgment dismissing her case, Mr Justice Michael White said the doctor involved was a very experienced practitioner and the HSE had established without doubt there were other possible causes to Sophie’s injury. The “more likely” cause was injury to Sophie’s left arm and shoulder when it was “posterior in the womb”, he said.
His judgment was appealed and the Court of Appeal last year allowed the appeal and ordered a retrial.
The appeal court said the main claim advanced was that the baby was injured as a result of alleged negligent mismanagement of a shoulder dystocia emergency at the time of her birth. It said the trial judge had regrettably not fully engaged with the evidence adduced on the Everards’ behalf in support of that claim and in particular failed to make an express finding as to whether or not shoulder dystocia was present or excessive traction deployed.
Seeking approval for the €70,000 settlement today, Dr John White SC, for the child, said Sophie is doing very well and can play some sports. The case was settled for about half its full value, he said. Approving the settlement, Mr Justice Cross said medical opinion has changed in relation to shoulder dystocia and there was now a very high legal standard to meet in such cases.
