Sometimes the full reality of a birth injury doesn’t appear until later in life. What may seem minor and recoverable at first might not turn out that way. In some cases, families can still seek compensation well after birth once the full problem becomes apparent.
One case in Ireland proves this. The Irish Times reports on a settlement over a case of shoulder dystocia. She was granted €425,000 (~$464,700.)
The girl, who is now 14, had difficulty riding a bicycle and carrying a backpack due to her shoulder injury. She also lost the ability to play sports. Along with the shoulder dystocia, she also was diagnosed with Erb’s Palsy after her birth. The suit claimed that the pregnancy was managed poorly and that the most experienced obstetrician on staff wasn’t consulted when the shoulder dystocia was suspected.
A further claim that the child should have been delivered by C-section was denied. But the court agreed that the child was unable to participate in sports and that it was the result of the injuries sustained.
Note that due to differences in the statute of limitations, you may not be able to sue for a past birth injury if too much time has passed. It all depends on the circumstances. If you feel like you deserve compensation for a birth injury, speak with a birth injury lawyer about the matter so you can learn the facts for your jurisdiction.