A boy born in Midland Regional Hospital in Portlaoise who was allegedly delivered after a delayed Caesarean section amid rowing doctors and who suffered “severe personal injury” has had a €1.9 million settlement in his favour approved by the High Court.
The now 16-year-old was born on January 30th, 2009, at the hospital, which has been subject to investigation over patient safety.
His mother sued the HSE on behalf of her son for breach of statutory duty – alleged medical negligence – to adequately provide medical services to her and her son in 2009 at the Co Laois hospital.
It was submitted that she was due to give birth around January 25th, 2009, and had attended all of her antenatal appointments, culminating with a clinic at the hospital on January 29th, 2009, when no “significant abnormal conditions in relation to the pregnancy were present”.
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She was admitted to the hospital on January 30th, 2009, five days after her due date, but had “slow and irregular” pain.
A cardiotocography trace (CTG) was carried out and was found to be “abnormal”, as the unborn baby displayed “frequent decelerations” in his heart rate. However, despite the abnormal readings, the CTG was discontinued.
A second CTG was carried out at 8.45am the same morning that showed decelerations and abnormalities up to around 12.30pm.
It was claimed that then a syntocinon treatment – an injection involving the drug oxytocin – was administered to augment labour.
It was claimed that the readings from the CTG were not reproduced in a legible fashion and were difficult to interpret.
A decision was made to deliver the boy by emergency Caesarean section and the boy was born at 1.36pm, allegedly 80 minutes after a decision to perform the Caesarean was made – 50 minutes outside the usual time frame.
It was claimed the boy suffered “extreme difficulties” with breathing, due to hypoxia, and that there was a delay in his resuscitation. In addition, an altercation between members of the hospital staff occurred during the attempts at resuscitation of the plaintiff, it was alleged.
During a second attempt at intubation, a doctor was interrupted by an anaesthetic doctor without invitation who attempted to force an oxygen mask on the child, it was claimed.
It was alleged that the anaesthetist “brushed aside” the attending doctor and raised his voice, shouting “for f*** sake just bag him”. The doctor was eventually able to drain meconium – a baby’s first stool – from the child through suction, after which safe intubation was performed.
The doctor, it was submitted, was “considerably interrupted in his attempts to intubate and resuscitate the plaintiff by actions of the anaesthetist doctor”.
In the aftermath of his birth, the plaintiff was noted as being in pain, jaundiced, vomiting with streaks of blood, having hypoxic metabolic acidosis, high blood pressure and in need of ventilation.
The plaintiff spent 11 days in intensive care, and an MRI scan showed the plaintiff’s kidney and brain had an infarct resulting in “severe personal injuries”, it was claimed.
At the High Court on Tuesday Mr Justice Paul Coffey was told by John Healy SC, instructed by David O’Malley of Callan Tansey solicitors, for the plaintiff that a final settlement of €1.9 million for breaches of duty by the defendant, albeit without an admission of liability, could be recommended to the court for what he said was the boy’s “turbulent” introduction to the world.
Mr Justice Coffey approved the settlement and addressed the boy, who was present in court, saying he was pleased to see him “looking so well and I wish you all the best for the future”.
Reacting to the settlement, solicitor David O’Malley, in a statement on behalf the family, said: “The family welcomes the settlement and for the security it will provide.”
He added: “It truly is a second-tier maternity system outside of The Pale.
“The family echoes calls by advocate groups to urgently review maternity care in Ireland. One cannot think of a more important right than the right to breathe and be protected at birth.”
