Mr Justice John Quirke was quoted as having “no hesitation” in approving an award of 464,000 Euros to 14-year-old Gavin Dowling as compensation for sustaining shoulder dystocia during his birth. In a claim made through the boy´s mother, Mary Dowling of Coon West, County Kildare, it was alleged that the defendants – Dr. Ashraf Aziz and the South Eastern Health Board – were negligent in failing to provide adequate care during the during the management of Gavin´s birth in December 1995. Gavin subsequently sustained shoulder dystocia – an ailment which lead to the development of Erb´s Palsy and severe restrictions in the use of his left shoulder and upper arm.
Dr. Aziz, who was practicing at St Luke´s General Hospital, Kilkenny, at the time of the alleged incident, and the South Eastern Health Board denied all the claims, and settlement was made without admission of liability.
Gavin now has reasonable power in his left wrist and hand, but will always have a permanent shoulder disability according to his parents, who have ruled out corrective surgery due to the risks involved.
As with all child injury claims for compensation, court approval was necessary before the award could be made, and despite his difficulties, Gavin has been doing well at school and enjoys participating in sports activities.