A boy, who lost significant use of his right arm due to alleged hospital negligence during his birth, has had a settlement of €340,000 compensation for a childs arm injury approved in the High Court.
Jack Fitzpatrick of Clonmel, County Tipperary, was born at the St Joseph’s Hospital in Clonmel on April 9th 2002 but, soon after his birth, it was noticed that the whole of his right arm was weak. Jack was diagnosed with an Erb´s Palsy injury – most often caused by the stretching and tearing of nerves contained within the brachial plexus – which affects the movement and strength of the affected limb.
After seeking legal advice, Jack´s mother – Catriona Fitzpatrick – made a claim for childs arm injury compensation against St Joseph´s Hospital and the Health Service Executive on behalf of her son, claiming that medical negligence during the time of Jack´s birth was responsible for the condition.
At the High Court in Dublin, Mr Justice Sean Ryan heard that Jack´s injury prevented him from playing racquet sports and would prevent him from the family tradition of becoming a Garda. Mr Justice Sean Ryan was also told that, despite his handicap, Jack – now ten years of age – dealt with his arm injury remarkably well and was the fastest runner in his class.
The judge approved a negotiated settlement of compensation for a childs arm injury amounting to €340,000, praising Jack’s parents for the work they had done in carrying out physiotherapy exercises on his arm.