Harrowing account of circumstances surrounding baby's birth sent shock waves through courtroom

Mrs Avril Gallagher must wonder how different her life might have been if she had, as planned, given birth to her first baby …

Mrs Avril Gallagher must wonder how different her life might have been if she had, as planned, given birth to her first baby in a hospital other than the National Maternity Hospital in Holles Street, Dublin.

However, in the 29th week of her pregnancy, she was referred to Holles Street because of complications. Her story from there, as told during the lengthy court case, has made people shudder.

It is difficult to grasp the notion of Mrs Gallagher having to telephone her husband in desperation to tell him that she was in labour and that no one in the hospital would believe her. She asked him to "get some help".

We do not know what the hospital's defence is. Evidence was given earlier this week by the obstetrician involved, Dr Joseph Stanley. Abruptly, after over 20 days of evidence, when the court was about to hear the hospital's version, its legal team began settlement negotiations.

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The child at the centre of the court case is six-year-old Blaise Gallagher. He was born at the National Maternity Hospital on April 27th, 1992, two days after his mother was admitted for monitoring. Blaise has cerebral palsy, is blind and is brain-damaged. He will need one-to-one care for the rest of his life. He is unable to sit up or grasp objects. He has difficulty feeding and cannot walk, speak or see.

On the first day of evidence the court heard that Mrs Gallagher had, at best, got dismissive treatment from the midwife who was told by her that she was in labour, and, at worst, "something more unpleasant than that". She had been admitted to Holles Street with what was believed to be spontaneous rupture of the membranes of the womb. Blaise was born two days later. His mother had suffered a miscarriage in 1990.

It was claimed in court that there had been a failure to diagnose the presentation of the baby in the uterus and to use proper or appropriate equipment in the treatment, as well as in medical examinations.

The failure to carry out an ultrascan on Mrs Gallagher was described during the case as "inexplicable" by an English medical expert, Mr Ronald W. Taylor, a professor of obstetrics and gynaecology. Such a scan, he said, would have ascertained the "lie of the baby" once the mother's membranes had ruptured.

Questions were also raised by him about the type of caesarean section carried out (not by Dr Stanley). If a classical caesarean had been performed, Mr Taylor said, the baby would have been lifted out very easily, and that would probably have saved about five crucial minutes - when the baby, who did not have a heartbeat, was probably suffering more brain damage. He thought the operation did have some impact on Blaise, although it was not entirely responsible for his condition.

Mrs Gallagher broke down in tears several times while giving her evidence about what occurred. A few days before she gave birth she saw Dr Stanley and told him that she had back pain. He referred her to the National Maternity Hospital for foetal movement monitoring. A few days after that her waters broke and she was admitted to the hospital. Dr Stanley told her that if she hung in for five to seven days the baby would be taken out by caesarean section.

But it did not turn out that way. Mrs Gallagher told how she went into labour, but was told not to worry. Later, she returned to the nurses' station and asked if they would telephone her husband, but she was told it was far too early for that. The midwife, she said, was aggressive, and, after examining her, had said that she was not in labour. "I was terrified and in agony," she said. "The experience was just horrific."

She woke another woman in the ward, telling her that she was in labour. The woman advised her to telephone her husband, which she did. On the way out she felt something tipping the top of her thigh and thought it was part of the baby. Once she got through to her husband, Conal, she broke down and asked him to get help. Shortly afterwards she was moved to the theatre.

When Mrs Gallagher woke up she was told that she had had a baby boy. She was not aware that there was anything wrong. Unfortunately, a lot had gone wrong, and in subsequent evidence Mrs Gallagher said that she had at one stage been asked to organise a burial for Blaise.

Today Blaise receives a range of therapies and there is hope that he will reach a stage where he will be able to operate a hi-tech wheelchair, although he is spastic in all four limbs.

Yesterday's settlement was over £2 million - not all that much money when put in the context of the very considerable amount of care Blaise will need. One expert said that people in his condition may live until they are 50.

After details of the settlement were made known in court yesterday Mr Justice Quirke said that lessons had been learned and that Blaise, in his own way, had contributed to ensuring that the risk of something similar occurring in the future had been minimised. After six years spent fighting their legal battle that may now prove to be of some comfort to his parents.