Consultants admit liability over 'horrific' stillbirth

Liability has been admitted by two consultants in a High Court action by a woman who claimed her baby girl was born dead at a Cork hospital due to negligence.

Among the claims by Monica Hayes, a mother of three sons, was of failure to act appropriately when she reported reduced foetal movement some weeks earlier and failure to carry out an early Caesarean section.

Ms Hayes suffered a "horrific and shocking" experience and an abnormal grief reaction and had a particularly distressing time in having to deliver her "much sought after" dead daughter, whom she named Aisling.

She contemplated suicide and, after she had taken sleeping tablets two months after her baby's death, her husband and brother-in-law had to break down the bedroom door to assist her.

She had visited her baby's grave daily after her death and believed she had "let her baby down".

Ms Hayes further alleged her grief was compounded by the defendants' delay in admitting liability and by the manner in which she was dealt with.

Ms Hayes (40), Kilbawn, Ovens, Co Cork, had sued Dr David Corr and Dr John Waterstone - consultant obstetricians at the Bon Secours Hospital, Cork - after Aisling was delivered stillborn there on May 19th, 2002.

Both defendants had denied liability but, when the case was before Mr Justice John Quirke yesterday, he was told by David Holland SC, for Ms Hayes, of their admission of liability. The judge granted an application by the defendants to make a lodgment in the case.

Describing the action as "very sad", the judge directed the lodgment should be made within a week, after which Ms Hayes then has two months to consider whether to accept it or to have the action proceed only for the purpose of assessing damages.

Ms Hayes said she had conceived about August 9th, 2001 and was expected to deliver about May 16th, 2002.

She claims that an ultrasound scan on April 10th, 2002 showed the baby was small for its dates and that it was clear there was a Type II intra-uterine growth restriction.

On April 26th, 2002, Ms Hayes said she had reported reduced foetal movements and was admitted to the Bon Secours where, on April 27th, 2002, another ultrasound scan was carried out which showed that the amniotic fluid volume was reduced.

It was claimed the combination of the small size of the foetus, the reduced fluid volume and Ms Hayes' own perception of reduced foetal movement was a significant cause of concern and that the baby should have been deliverd at that point by Caesarean section or, alternatively, a strict monitoring regime should have been put in place.

Ms Hayes claimed she visited the hospital on three further occasions before her baby was stillborn but each time was sent home after monitoring.

On May 19th, Ms Hayes said she again complained of reduced foetal movements and was admitted to the hospital where a scan was performed which confirmed the baby had died.

Induction of labour commenced at 2pm and her daughter was delivered stillborn just after 8pm that night.