Court approves €35,000 payment to family of infant who died hours after birth

Family had sued Coombe hospital arising out of the death of the boy at the hospital in November 2015

The High Court has approved a payment of €35,000 by a Dublin maternity hospital to the family of an infant boy who died a few hours after he was delivered.

Couple Asumpta Sweeney and Jason Butler, and their family, had sued Coombe Women and Infants University Hospital arising out of the death of Rory Jason Sweeney Butler at the hospital on November 19th, 2015.

The family claimed the hospital had been negligent, and for the nervous shock they suffered due to the infant’s wrongful death in the hospital’s neo-natal intensive care unit.

Liability in the case was admitted by the defendant.


The payment, which is statutory compensation known as the solatium for distress, to the family was formally approved at the High Court on Tuesday by Mr Justice Robert Eager.

Richard Kean SC, instructed by solicitor Caoimhe Haughey for the plaintiffs, said the case arose out of the untimely and "very tragic" death of the infant.

The money, counsel said, was to be paid to the parents, with an address at Lissadel Drive, Drimnagh, Dublin, and to the boy's siblings.

Counsel added that other family members had waived any entitlement to any payment out of the award.

He added that other related but separate proceedings have been brought arising out of the infant’s death.