HSE and Tipperary hospital apologise over upset and trauma at time of boy’s birth

The Health Service Executive (HSE) and Tipperary University Hospital have apologised to a five-year-old boy and his mother for the upset and trauma experienced around the time of his birth.

A letter of apology was read out in the High Court as Shay Crowe settled his action with a €300,000 interim payment for the next five years.

His senior counsel, Patrick Treacy, told the court the HSE admitted a breach of duty relating to a 29-minute delay in delivering the baby by Caesarean section.

He said the situation was so serious that when Shay was born he had no heart rate.

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It was further admitted that the neonatal resuscitation programme guidelines were not strictly followed at the Tipperary hospital. However, the HSE also contended there was no delay in bringing back the boy’s heart rate and it said an effective and timely resuscitation was achieved without adverse consequence.

In a letter read to the court, the HSE and Tipperary University Hospital apologised to Shay and his mother for “the upset and trauma experienced during the care, treatment and management received by you both at Tipperary University Hospital from presentation on November 8th, 2017, to include the episode of transfer to Cork University Maternity Hospital”.

Shay, of Cahir, Co Tipperary, had through his mother, Agita Gintale, sued the HSE over his care at the time of his birth in November 2017.

Ms Gintale was admitted to South Tipperary University Hospital on November 8th, 2017. It was claimed the monitoring of the baby’s heartbeat showed some concerning features and that the baby showed signs of foetal distress in the second stage of labour.

It was decided to go ahead with an instrumental vacuum delivery but this, it was claimed, was abandoned after three pulls. It was then decided there would be a Caesarean section.

Shay was delivered after 2am on November 9th. He was limp and lifeless and required resuscitation.

It was claimed an attempt to intubate him at two minutes of age failed and he was four minutes of age before he was intubated. He was transferred to the hospital’s neonatal unit and ventilated.

Shortly after 5am, Shay was transferred to Cork University Maternity Hospital for therapeutic hypothermia.

In the proceedings, it was claimed there was a failure to resuscitate the baby in an appropriate manner and a failure to intubate the baby when indicated at two minutes of life.

Counsel, instructed by Cian O’Carroll solicitors, told the court the baby had seizures in the first few days of his life and he was in hospital until November 20th, 2017.

Approving the interim settlement, which was achieved after mediation, Mr Justice Paul Coffey conveyed his best wishes to Shay.

The case will come back to court in 2029 when general damages and Shay’s future care needs will be assessed.