A teenager from Cork is set to receive 700,000 Euros after a proposed settlement for Erbs Palsy compensation was approved at the High Court in Dublin.
Aoife James (14) from Douglas in Cork, was born in 1998 with Erbs Palsy – a condition also known as Brachial Plexus Birth Palsy, which is caused by the over-extension of the nerves between the neck and shoulder during delivery.
In the majority of cases, the nerves heal themselves within the first few months of an infant´s life, but in Aoife´s case the condition remained in her right side and she is unable to perform relatively basic tasks such as wash herself or dry her hair using her right arm.
Despite intense physiotherapy and two major operations, Aoife´s condition has not improved and claiming through her mother, Carol, that her condition was due to medical negligence at the time of her birth, Aoife made a birth injury compensation claim against the attending consultant obstetrician – Patrick Kieran of the Cork Clinic, Western Road, Cork.
In her claim for Erbs Palsy compensation, Aoife alleged that she suffered permanent right-sided Erbs Palsy due to the obstetrician´s negligence, and that her severely functionally compromised upper right limb was responsible for a deterioration in her quality of life.
At the High Court in Dublin, Ms Justice Mary Irvine heard that an offer of Erbs Palsy compensation had been made without admission of liability and the family were willing to accept it. Ms Justice Mary Irvine approved the amount of 700,000 Euros, and ordered that it be paid into court funds until Aoife reaches the age of eighteen.