A woman has told the High Court of her sadness and disappointment her son has cerebral palsy due to alleged lack of monitoring at a hospital during his birth.
Margaret Beirne claimed there was a delay in dealing with an emergency surrounding the birth of her son Luke "due to midwives chatting on the corridor and a locked theatre room" in the Midlands Regional Hospital in Mullingar, Co Westmeath. Her pain "was dismissed and no thought given to any underlying reason", she said.
She was speaking just before the High Court approved a settlement, involving an interim payment of €900,000 for Luke, now aged 10, arising out of the circumstances of his birth at the hospital on September 30th 2004.
Through his mother, Luke, of Ballinalack, Mullingar, Co Westmeath, sued the HSE and a consultant obstetrician, David Mortell, of the Midlands Regional, for alleged negligence.
Among the claims were the defendants failed to properly monitor Mrs Beirne and her baby during labour and induction, carried out some 11 days past her due date. It was also claimed there was a failure to have any or adequate discussions with her about the increased risks of vaginal delivery in view of the fact her first baby was delivered in 2001 by caesarean section.
The defendants denied the claims and, had the case gone to trial, would say all that could have been done was done, the court heard.
The court was told the family were concerned the settlement figure was not realistic or sufficient for Luke’s future but their lawyers had recommended it be accepted rather than risk a full court fight. The case will return to court in eight and a half years for further assessment.
Mrs Beirne said she and her husband Pat entrusted the court to make the right decision for Luke and his future.
Mr Justice Michael Moriarty said he believed the offer, made by the defendants "after a lot of hard bargaining" on the part of the family's very experienced legal team of Denis McCullough and Michael Boylan, was in the best interests of Luke.
In her statement earlier to the court, Mrs Beirne said the events which led to Luke’s traumatic birth “should never have happened”. She and her husband were never informed of the risks of a natural birth following her caesarean three years earlier, she said.
“The lack of care and monitoring on the 30th September 2004 resulted in an emergency beyond recourse”, she said. It was “dreadful” to think it had taken so long for the family to get to this stage and “yet still there is no admittance of liability”.
No apology or explanation was given and there was no follow up to alleviate the pain and damage caused, she said.
Mr McCullough said, while there was no admission of liability or apology, there had been “an expression of regret offered”.
Mrs Beirne said, after 11 years, “meagre words” were now being proposed “to soften the shock”. Professionalism should always ensure “integrity is at the core”, she said. “It is a grave insult that the reputation and ego of others is upheld even at times of clear negligence.”
“People should hold their hands up and admit to fault. This might help inner healing, lead to lessons learned and prevent similar events happening to others and for future deliveries”.
While Luke has physical difficulties, his intellectual abilities appear to have escaped uninjured, she also said.
He is a source of “great joy and love” with a wicked sense of humour while extremely sensitive and affectionate, she said. He has had to endure a lot, not just with cerebral palsy but other conditions including asthma and multiple allergies and will require surgery and extra therapy as he gets older due to his muscles tightening.
She also asked that Luke’s entitlements, including the Medical Card and early intervention supports, not be withdrawn from him.