THE HIGH Court has been told a hospital denied liability for “devastating injuries” sustained by a child at birth almost three years after an internal investigation found the birth was mismanaged.
St Luke’s in Kilkenny had denied liability in 2007 for injuries suffered by Keri Brett in the circumstances of her birth in 2003 but, last July, it conceded liability.
A hearing to assess damages due to the child opened yesterday before Mr Justice Vivian Lavan.
Keri (6), who has cerebral palsy, has sued the Health Service Executive (HSE) through her mother, Clodagh Brett (34), Kilnockin Road, Fethard, Co Tipperary.
It was alleged Keri suffered serious injuries as a result of negligence and breach of duty of care during her birth at St Luke’s on October 20th, 2003.
Yesterday, Mr Justice Lavan was told the HSE was happy to offer a full apology to the Bretts for its acts and omissions in relation to Ms Brett’s labour and Keri’s delivery. The HSE extended the apology for the “undoubted trauma” they had suffered.
The court heard, following a difficult labour, Keri suffered devastating injuries and is mentally and physically disabled. She is wheelchair-bound, visually impaired and will require care for life, the judge was told. It was claimed the HSE failed to properly manage Keri’s birth and failed to have competent and appropriate medical personnel in attendance at the time.
Keri’s birth was induced, but there was no continuous foetal heart rate monitoring in place, it was claimed. There were episodes of large decelerations of the foetal heart rate, and Ms Brett was very distressed, it was alleged. There was an alleged failure to recognise the abnormal heart rate and to carry out an emergency Caesarean at an appropriate time.
Yesterday, opening the case, Liam Reidy, for Keri, said the HSE had denied all liability in a defence delivered in March 2007 and verified in a sworn affidavit by the hospital manager.
Counsel said Ms Brett’s solicitor, Ernest Cantillon, had sought discovery of Keri’s medical records and the protocol at St Luke’s concerning continuous foetal heart monitoring during labour. Details were also sought of all investigations conducted into circumstances of Keri’s birth.
When that material was obtained following a judgment by Mr Justice Eamon de Valera, it included the July 2004 findings of an internal investigation into the birth to the effect that the labour had been mismanaged.
In pursuit of an explanation, Keri’s parents had meetings with the hospital, but none was forthcoming, Mr Reidy said.