October-28-2015 in Healthcare Law, Litigation & Dispute Resolution
On the 24th September 2015, Mr Justice Michael White delivered judgment in favour of the the Health Service Executive in the matter of Sophie Everard (a minor suing by her mother and next friend, Lisa Everard) -v- the HSE.
It had been claimed on behalf of the infant that Our Lady of Lourdes Hospital, Drogheda had been negligent in the management of her birth on 23 January 2011. It was alleged that during the course of her delivery, a diagnosis of shoulder dystocia was made when the baby’s head was delivered but notwithstanding that, the infant was delivered with pulling of her head with the result that the traction imposed on her head and neck resulted in injury to the baby’s left shoulder.
The Court found that this was not the cause of her injury. Mr Justice White concluded that the baby’s left arm and shoulder were always posterior to the symphysis pubis and thus the injury could not have been caused by the clinician and that the baby’s left shoulder and arm was damaged in contact with the symphysis pubis but as a result of the natural propulsive forces of birth rather than improper traction.
The Court noted that the Plaintiff was asking the Court to apply a form of “Res Ipsa Loquiter” by submitting that it was accepted that the injury occurred and the only explanation was the one put forward by the Plaintiff. Mr Justice White held that this was not the case and that the Defendant had established without doubt that there were other possible causes and that in fact, the more likely cause of the injury to the left arm and shoulder of the Plaintiff was as a result of the fact she was posterior in the womb.
The issue of costs was adjourned to be decided at a later date. At the time of writing it is unknown whether this decision will be appealed.
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