€1.9m settlement for boy injured at birth after alleged Caesarean delay due to doctors' row
The now 16-year-old was born in January 2009 at the hospital, which has been subject to investigation over patient safety.
The child's mother sued the HSE on behalf of her son for alleged medical negligence for what she said was a breach of statutory duty to adequately provide medical services to her and her son in 2009 at the Co Laois hospital.
The court heard that the mother was due to give birth in January 2009, and had attended all of her antenatal appointments, culminating with a clinic at the hospital four days after her due date. No 'significant abnormal conditions in relation to the pregnancy were present' at that point.
The mother was admitted to hospital 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 the drug Oxytocin was then administered by injection to speed up 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 child by emergency Caesarean Section and he was born at 1.36pm, allegedly 80 minutes after a decision to perform the Caesarean was made – 50 minutes outside the usual timeframe.
It was claimed that the newborn then 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, 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.
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It was alleged that the anaesthetist 'brushed aside' the attending doctor and raised his voice, shouting 'for fuck 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 newborn was noted as being in pain, jaundiced, vomiting with streaks of blood, having hypoxic metabolic acidosis, high blood pressure and was in need of ventilation.
He spent 11 days in intensive care, and an MRI scan showed his kidney and brain had an infarct resulting in 'severe personal injuries', it was claimed.
At the High Court today, 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 €1.9M 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 child's 'turbulent' introduction to the world.
Mr Justice Coffey approved the settlement and addressed the plaintiff, 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'.
'Second-tier maternity system'
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 [the plaintiff].
'They would like to acknowledge the efforts of the State Claims Agency and their legal representatives in facilitating mediation to resolve this case. The purpose of civil society is to prevent similar events recurring.
'The family questioned the birth, having witnessed the Portlaoise maternity enquiry and the aftermath in 2012.
'Unfortunately, the same avoidable failings, namely delayed delivery, inadequate CTG (cardiotocography) tracing and misuse of Oxytocin still remain as main causes of hypoxia in Irish infants in 2025.
'Also, in the year 2025 there are no cooling units to counteract hypoxia in infants outside of Cork and Dublin.
'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,' said Mr O'Malley.
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