The parents of a child who died in the National Maternity Hospital at Holles Street in Dublin after a breech birth have been awarded €40,000 in approved damages.
After hearing that the hospital conceded liability in the case, Mr Justice Paul Butler yesterday approved a €40,000 award to the family arising from the death, commenting that the sum involved seemed nothing in respect of the death but the statutory scheme laid down very clearly the maximum amount.
The case was taken by Thomas and Sarah Yennusick, Glendassen Drive, Harbour View, Wicklow, against the hospital. Thomas (39) is from Ghana and his wife Sarah (35) is from Tanzania.
They claimed that on January 31st, 2001, Sarah went into labour at the hospital where she was examined by a midwife and informed she was not ready yet for labour.
During the course of the morning she was advised that everything was fine and that her baby would be delivered by breech.
However, at one stage she noticed a stain which caused her some concern and brought this to the attention of a doctor who reassured her there was nothing to be alarmed about. Shortly after the baby, Judgment Day Nkuzi, was born, Sarah was told by a consultant paediatrician: "Sorry, your baby did not make it."
She was distraught and distressed and was advised that the hospital had tried to resuscitate the child for 25 minutes and had done all they could.
Subsequently the child was put on a ventilating machine for a number of days and was eventually weaned off it and was able to breathe on his own for a time.
The infant had terrible breathing difficulties and neurological problems over the months of February and April 2001. Eventually the infant died on April 13th, 2001, to the great distress of the couple.
They claimed that as a consequence of the death, they experienced severe suffering including nervous shock and damage because of the negligence and breach of duty by the hospital.
In addition, they submitted that the assisted breech delivery was the cause of the baby being born in a very poor condition and the cause of his subsequent death.
They say the hospital knew well that the state of knowledge concerning breech presentation at term in labour in January 2001 was that vaginal breech delivery was significantly less safe for the baby than delivery by Caesarean section.
The parents say they should have been made fully aware of the option of Caesarean section.
Denis McCullough SC said there was an offer in the injuries action for €40,000 together with costs and that represented the full sum allowed in such cases for mental distress. He had no difficulty in recommending that sum should be approved.
Mr Justice Butler approved the €40,000 settlement and said it seemed nothing in respect of the death of a child, but the statutory scheme laid down very clearly the maximum award. He said he was sorry if it appeared callous, but that was the only function he had in the matter.