Irish Boy Receives Half Million Dollar Birth Injury Settlement

A 10-year-old boy in Ireland who suffered a birth injury will receive $456,722 (in U.S. currency) after settling his case in high court. The plaintiff is Jack Fitzpatrick of Clonmel, County Tipperary, who is noted for being “remarkable” and the “fastest boy in his class,” according to an article in the Irish Independent.

However, because of a birth injury, Jack will never be able to follow in the family tradition and join the "gardai," the Irish police. Jack’s mother sued Ireland’s public health services provider for negligence during his delivery. Her suit claimed that Jack suffered an injury to his arm and shoulder during his birth at St Joseph's Hospital in Clonmel on April 9, 2002. His condition was considered a moderate injury in the Erb’s Palsy scale, claimed his counsel.

The lawsuit further contends that after his delivery, Jack showed a weakness of the entire right arm, with the exception of one finger. Approving the birth injury settlement, one justice commended the boy’s parents for performing physiotherapy exercises on Jack’s arm.

Erb's Palsy is a form of brachial plexus palsy. The brachial plexus is the network of nerves near the neck and arm that provide movement and feeling to the arm, hands, and fingers. About one in every 1,000 babies is born with a brachial plexus birth injury, according to the American Academy of Orthopaedic Surgeons.

While most infants will eventually recover feeling and movement in the affected arm, some will suffer lifelong effects from their injuries. Early intervention that includes physiotherapy can greatly increase the chances that the child will regain feeling and movement.

Unfortunately, Erb’s palsy is sometimes caused by improper medical care or negligence. Do you or a loved one have a child who was born with a birth injury such as Erb’s palsy? Is the condition attributable to medical error? Then contact a birth injury attorney at Sokolove Law today to learn more about your legal options.

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