Child Awarded 530,000 Euro in Birth Injury Case

July 25, 2017

A six-year-old child was awarded 530,000 euro for the shoulder injury he suffered at birth, according to The Irish Times.

Derek Malloy, father of six-year-old Caydyn, sued the Health Service Executive, claiming Caydyn’s birth was mishandled at Kerry General Hospital on March 22, 2010.

On several occasions leading up to her due date, Mary Malloy, Caydyn’s mother, had requested a C-section for Caydyn’s delivery. A February consultation at the hospital found that the baby was rather large, once again requesting a C-section for delivery. Despite these requests both before and on March 22, Caydyn was delivered vaginally with the assistance of a vacuum cup, injuring his shoulder.

The Malloys contended that if Caydyn had been delivered by C-section, the injuries Caydyn suffered would not have occurred. (In a separate case, Caydyn’s mother was also awarded 60,000 euro for nervous shock.)

Caydyn has also been diagnosed with Erb’s Palsy. Erb’s Palsy is a condition of the brachial plexus, a network of nerves near the neck that connect to all of the nerves of the arm, according to OrthoInfo. The condition causes arm weakness and loss of motion and often results when an infant’s neck is stretched to the side during a difficult delivery. Today, Caydyn does well at school but cannot close buttons, tie shoes, catch a ball, or write with his right hand.