Compensation for Erbs Palsy Injury Approved in Court

A teenage girl is to receive 700,000 Euros after the High Court in Dublin approved an offer of compensation for Erbs Palsy injury made by the consultant obstetrician from the hospital at which she was born.

Aoife James (14) from Douglas, Cork, has suffered the shoulder injury in her right side since she was born at the Cork Clinic, Cork, in 1998 and despite two operations to relocate her shoulder and years of physiotherapy Aoife is still unable to complete simple tasks such as washing herself or drying her hair.

Through her mother, Carol, Aoife claimed birth injury compensation against Patrick Kieran – the consultant obstetrician present at her birth – alleging that her right upper limb was severely functionally compromised due to negligence when she was born, and that her quality of life had suffered as a result.

Although the claim was denied, Ms Justice Mary Irvine at the High Court in Dublin heard that an offer of compensation for Erbs Palsy injury had been made without admission of liability and that the family was prepared to accept it. Approving the compensation settlement, Ms Justice Mary Irvine ordered that it be paid into court funds until Aoife turns eighteen.