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Erb’s Palsy Settlement of Almost €1M


Recently, the High Court of London approved a settlement for almost €1M in an medical malpractice action filed by the parents of a nine-year-old boy who suffered shoulder and hand injuries at the time of his birth.

The boy’s 45-year-old mother has filed a separate suit concerning the trauma. She claims she underwent a ‘horrific childbirth’ which tragically left her son John physically disabled.

A reporter found that the court was told the case brought on behalf of the boy had been settled for €900,000. Senior counsel for the child said, “Liability had been admitted by the obstetrician and the Southern Health Board.” They also supplied a substantial apology.  

“No doubt the parents were advised on what to do about accepting the settlement or appealing for a higher ruling,” said a doctor. He said the parents had to give a lot of thought to the matter, but that they had, in the end, decided to accept it rather than gamble with their son’s money.

In court, senior counsel for the defendants, the doctor and hospital, told the court that his clients were very sorry for what had occurred.

The Justice presiding over the case said it was a very good settlement. She was also quoted as saying she was “very impressed by [the boy]” who suffers from Erb’s palsy, a condition which involves paralysis and loss of function to his right hand. Fortunately, the boy is not intellectually disabled; he is a “clever, handsome, articulate little man who deserved the settlement.”

According to records, this is the highest award ever handed out in the case of an Erb’s palsy medical negligence damages claim.  

The mother’s case claims the obstetrician failed in his duties because he did not initiate a caesarean section, which would have been much quicker and safer for her son. He also failed to appropriately use a forceps mechanical extraction device in the delivery of her son. 

The doctor and hospital have admitted liability in this case which is suing for damages only. Hospitals in Nassau and Suffolk try to avoid these accidents.

When doctors misstep and cause serious harm, you are entitle to compensation. Find a New York Birth Injury Attorney who will help you seek the appropriate compensation for your injuries and damages.

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