A Clonmel couple whose child died during birth have received an apology from a Tipperary hospital admitting “shortfalls” in its duty of care for the infant which causes them “continuing heartache”.
At the High Court on Wednesday, an apology from the HSE, addressed to parents Sinead O’Donnell and Luke Kelly, was read to the court by Patrick Treacy SC, for the couple, as they settled their case.
The hospital offered its “sincere apology” over the care received there in July 2021.
Their baby Freddie died in the early hours of July 2nd 2021 at Tipperary University Hospital (TUH). Ms O’Donnell attended the hospital for antenatal care on the morning of July 1st 2021, after experiencing pains the previous night.
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Her temperature was recorded at 38.4 degrees and she was transferred to the labour ward where a Caesarean section was performed under general anaesthetic after a medical review.
Freddie, who had been 40 weeks in gestation, was delivered at 2.34am but was born without a heart rate or respiratory ability. Efforts to resuscitate the child were unsuccessful.
Mr Treacy told the court the baby had a normal baseline heart rate seven minutes before delivery.
The clinical negligence case was taken by Ms O’Donnell and Mr Kelly against the HSE, who was alleged to be in breach of its duty to the mother and child and negligent in exercising care.
It was alleged that on July 2nd, 2021, the hospital failed to diligently, skilfully or carefully treat or care for Ms O’Donnell and Freddie.
It was claimed that the hospital failed to deliver the baby in a timely manner and caused an inappropriate or unnecessary delay in the delivery.
It was submitted that the hospital failed to take any action or any appropriate action over a CTG scan carried out at 1.10am showing features of chronic hypoxia, when human tissue receives insufficient oxygen.
It was further submitted that there was a failure to seek an urgent medical or obstetric review and a further failure to appraise relevant staff of the urgency of the child’s condition.
It was also submitted that there was a failure to attend Ms O’Donnell in a timely manner after the medical team were called to attend at around 1.20am but the team failed to attend until 1.45am. This, it was claimed, deprived the team the opportunity of an effective intervention, exposing the boy to an unnecessary risk of injury.
Mr Treacy said the baby was delivered at 2.34am but was pronounced deceased after resuscitation efforts failed, though the child had a normal baseline heart rate seven minutes before delivery. A postmortem recorded the child as having no “structural anomalies” when delivered.
Mr Treacy said the HSE admitted breach of care during the birthing process and failures in responding to the CTG scan.
“We have a failure regarding the monitoring of the CTG and then a failure to act,” said counsel.
Mr Treacy, instructed by solicitor Siobhán Ryan of Cian O’Carroll Solicitors, read the hospital’s letter of apology issued by Maria Barry, the hospital manager of TUH.
“On behalf of the staff and management of Tipperary University Hospital, I wish to sincerely apologise for shortfalls in care that led to the stillbirth of your son, Freddie. We understand that neither this nor financial compensation can undo the continuing heartache and appreciate that this continues to be a difficult time for you both,” the letter read.
Mr Treacy said the letter amounted to a “full apology and admission for the causation of what caused Freddie to lose his life”.
Mr Justice Paul Coffey addressed the couple, who were in court with their family and supporters, and extended his deepest sympathy to them and their family over what he said was the “tragic loss” of baby Freddie.
