Woman (27) with cerebral palsy sues over post-birth care at private maternity hospital

A 27-year-old woman with cerebral palsy has sued in the High Court over the care she received after her birth at a now-closed private maternity hospital in Cork.

Jane Harte, who cannot speak or walk and has spastic quadriplegia, has taken an action over her care at City General Hospital, Infirmary Road, Cork, in 1995 where her mother, who was then 16-years-old, was a patient.

The case is against retired consultant and gynaecologist Pallany Pillay (88), also of Cork City, who was the proprietor of City General Hospital, which closed in 2000. Mr Pillay was also a consultant at the hospital, and Jane’s mother, Olivia, was his private patient.

Liability is contested in the case and all the claims are denied.

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Jane’s counsel, Dr John O’Mahony SC, told the court it was their case that after she was born healthy Jane had significant difficulty with her breathing and “went dramatically downhill”.

Counsel said that when she was transferred to the Erinville Hospital at 17 hours old she was “literally in extremis with severe septic shock” and later meningitis.

Dr O’Mahony, instructed by Callan Tansey solicitors, told the court that it was their case appropriate steps should have been taken at City General Hospital and, if given antibiotics, Jane would have recovered.

Counsel said it was their contention that there was “ample opportunity” to intervene when the baby required antibiotics but “it was left too late when nothing could be done”.

Counsel said the private hospital was high end and luxury with hotel standard accommodation but he said “there was a lot left to be desired in terms of service”.

Jane, counsel said, is “profoundly, permanently and irreversibly disabled” and has to use a wheelchair. She lives at the Cope Foundation facility in Montenotte, Cork City, and has taken the action through her mother Olivia Harte.

Counsel for Mr Pillay, Adrienne Egan SC, told Ms Justice Leonie Reynolds that liability is contested.

She said it was accepted that the baby developed meningitis but at issue in the case was when the relevant symptoms arose.

Counsel said records from the closed hospital were destroyed in 2015 and these proceedings were initiated three years ago.

She applied to the court to first decide on the issue of liability. Ms Justice Reynolds will give her decision on that application on Wednesday

The case has been listed for six weeks.

In the proceedings, it is claimed Jane started to grunt after her birth on October 8th, 1995, and that her mother clearly recalls the baby’s noisy breathing and moaning that allegedly worsened as time passed.

Despite showing worsening respiratory distress the baby did not receive any antibiotics, the case alleges.

It is claimed this was despite her mother and other relatives who were present at the hospital repeatedly expressing their serious concerns for the baby’s wellbeing.

She was transferred to the neonatal until of the then Erinville Hospital in her grandmother’s car and accompanied by a midwife.

On the baby’s arrival at the Erinville she was close to death, it is claimed.

It is claimed there was a delay in the treatment of the baby’s Group B streptococcus early onset sepsis and meningitis. It is claimed that had she been treated appropriately when she first exhibited respiratory distress she would not have developed septic shock and meningitis.

The alleged delay in administering antibiotics allegedly caused septic shock and meningitis which caused her brain damage.

The claims are denied.

The case continues on Wednesday