Couple get substantial damages for loss of baby

A couple have secured substantial damages in settlement of their High Court action alleging negligence by the National Maternity…

A couple have secured substantial damages in settlement of their High Court action alleging negligence by the National Maternity Hospital in the circumstances of the birth of their first child, who was brain-damaged, had cerebral palsy and died four months later.

Sara and Robert Swaine claimed the National Maternity Hospital, Holles Street, Dublin, gave them no support and they were left to their own devices after they were discharged with their baby Christopher.

They also claimed they were "basically ignored" after telling a nurse during Ms Swaine's labour they believed something was wrong.

The Swaines, Carne Hill, Johnstown, Navan, Co Meath, brought proceedings against the hospital alleging loss, damage and mental distress arising from the treatment and death of Christopher.

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The NMH entered a full defence to the claim which, Mr Justice John Quirke was told yesterday, had been settled.

Details were not disclosed except that the amount was substantial and represented the full amount claimed.

In a statement on behalf of the couple, Ms Swaine criticised the hospital for the way they were treated during and after the birth.

She said what should have been a joyous occasion "soon turned into the most tragic of our lives".

Ms Swaine said her labour was induced. During her labour, she said she and her husband told a nurse they felt something was wrong but were "basically ignored".

Christopher, who was born on July 21st, 2002, with severe cerebral palsy, had to be resuscitated after birth and spent a month in intensive care where the parents had to learn to feed him through a tube. They also had to learn how to suction him because he could not swallow.

When Christopher was finally discharged, she said the couple "were left with no one to help or advise us".

Ms Swaine said the only support they got was from the Jack and Jill Children's Foundation which assisted with medical care and by providing someone to talk to about their thoughts and fears for the future.

The process of coping and dealing with their loss had been "prolonged" because a State-run hospital had "dragged out" this case for 5½ years since their baby's death, she added.

In the claim for damages, it was alleged Ms Swaine was admitted to the NMH following previous admissions for monitoring during her pregnancy for hypertension.

She was overdue and was left on the antenatal ward for 24 hours before she was given drugs to induce labour, it was claimed.

Yesterday Bruce Antoniotti SC, for the Swaines, said the couple had since had a second child, Brandon, and Ms Swaine was expecting a third.

Approving the settlement, Mr Justice Quirke expressed his sympathy to the couple and noted the "great help" they had received from the Jack and Jill Foundation.