HSE settles with parents over death of newborn girl

A couple whose baby daughter lived only about six hours after she was born in a Limerick hospital have secured €98,000 under settlements of High Court actions against the Health Service Executive. The settlements were made without admission of liability.

Mr Justice Kevin Cross was told the HSE had, in a letter, expressed regret to the parents and family of baby Eimear Arnold.

Denis McCullough SC, for the family, said all actions before the court, including by the baby’s parents for nervous shock over her death, had been settled for a total of €98,000.

Teresa and Shane Arnold, Raheen, Ballyneety, Limerick, had sued the HSE over the circumstances of the delivery of their daughter, Eimear, at Limerick Regional Maternity Hospital on July 15th, 2010.

It was claimed the baby suffered severe blood loss and there was an alleged failure to detect the loss of blood in a timely manner.

Birth allegations

It was further claimed the baby, after her birth, was raised above the level of the placenta in order to untangle her from the umbilical cord and that blood loss occurred during clamping of the umbilical cord.

It was claimed there was failure to carry out clamping of the umbilical cord in a proper, effective and timely mannner.

The claims were denied and the settlement was without an admission of liability.

Mr McCullough told the court there was a full dispute in the case.

Ms Arnold, who at the time of Eimear’s birth had three other children, was admitted to the hospital on July 14th, 2010, and was assessed by a student midwife, counsel said. Eimear was born at 00.26 on July 15th, but died six hours and 13 minutes later.

Counsel said there was a dispute between the sides over who was present when Eimear was born.

The child, he said, was in good condition and well. His case was the newborn was lifted so the cord could be cut and she later became floppy and collapsed. His side contended the alleged lifting of the baby allegedly caused a loss of blood but this was disputed by the other side.

A letter which included a form of expression of regret has been sent to the Arnold family from the HSE, counsel also said.

Approving the settlement, Mr Justice Cross sympathised with the Arnolds on their loss.