Courts

Boy (6) with autism settles case alleging birth injuries for €1.4m interim payment

Faith Tutty, mother of boy, tells others who may have endured traumatic births to ‘speak up ... don’t be silenced by fear or guilt’

The settlement against the HSE is based on a 70 per cent admitted liability, Mr Justice Paul Coffey was told. File photograph

Thu Jun 15 2023 - 17:32

The mother of a six-year-old autistic boy who has settled a High Court action over his birth has told other mothers who may have endured traumatic births to speak up and ask questions.

Faith Tutty was speaking outside the Four Courts where her son Nate settled a High Court action over the circumstances of his birth at University Hospital Waterford, with a €1.4 million interim payout.

Nate Tutty cannot speak, is autistic and has an intellectual disability that is moderate in nature, the court heard.

The settlement against the HSE is based on a 70 per cent admitted liability, Mr Justice Paul Coffey was told.

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Nate’s case will come back before the court in six years’ time when his future care needs will be assessed.

Nate Tutty of Dungarvan, Co Waterford had through his mother sued the HSE over the circumstances of his birth at University Hospital Waterford on June 7th, 2017.

Ms Tutty was admitted to the hospital in the early hours of June 7th and was transferred to the labour ward. Nate was delivered after 9pm.

It was claimed he suffered severe asphyxia, hypoxic ischaemic encephalopathy and traumatic head injuries allegedly causing him to suffer developmental delay and autism.

It was claimed that had the baby been delivered by elective Caesarean section at term or by emergency Caesarean section when indicated during the labour these complications would have allegedly been avoided.

The court heard the HSE contended there was a mild hypoxic event and Nate’s condition does not tally with it and is related to his genetics.

Jeremy Maher SC, instructed by Cian O’Carroll Solicitors, representing Nate, said Nate’s family had tests and there was no evidence of any genetic basis to his condition.

Mr Maher told the court it was their case that “all of this could have been avoided”.

Experts on their side would say that in May of 2017 the position of the baby in the womb was problematic and the mother should have been counselled about having an emergency Caesarean section. Counsel said Ms Tutty would have proceeded to have the Caesarean.

Experts for the HSE contend there was nothing untoward in the antenatal period.

Counsel said it was their case there were “two red flags during labour” where the Caesarean section should have been done.

The decision to have a Caesarean should have been made and the baby would have been born two hours earlier, he said.

Counsel said that when an obstetrician was called he said they would wait a further 15 minutes and he could not be located afterwards.

It was now conceded by the HSE that the failure of the medic to remain constituted a breach of duty, but it contended that if the obstetrician had stayed it would have taken just six minutes less for the baby to be born, said Mr Maher.

The HSE says Nate’s condition is genetic.

Approving the settlement, Mr Justice Coffey conveyed his best wishes to Nate and his family.

In a statement outside court, Ms Tutty said she did not question the care provided to her or her son at the time of his birth.

“I’d like to say to any mother who has endured a traumatic birth to be courageous, ask questions, speak up, don’t doubt your instincts, don’t be silenced by fear or guilt,” she said.

She added: “No one should have to go through this at your most vulnerable. Giving birth should be a positive empowering experience but sadly for a lot of women like me it is not.”

She said: “My choice and my son’s voice were taken from us.”

“My son is a survivor, my beautiful precious brown-eyed boy is loved unconditionally but life is very challenging for him and the reality is we will both face many more challenges along our journey but we will face them as always together,” she said.

She said it was a relief to know that her son will have all he needs and deserves to help him in the future.

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