Birth Injury in Hospital Archives - Page 4 of 5

If you or your child have sustained a birth injury in hospital, you should be entitled to receive compensation. Unlike most personal injuries, when you claim compensation for a birth injury in hospital, your claim is not dealt with by the Injuries Board Ireland and has to be resolved by negotiation between your solicitor and the negligent medical practitioner´s insurers or through the court system. Compensation settlements for a birth injury in hospital tend to be substantial and, to ensure you receive the maximum possible compensation for a birth injury in hospital, you are advised to speak with an experienced hospital negligence solicitor at the first possible opportunity.

Oct 14 2014

Interim Payment of Compensation for Birth Injuries at Waterford Regional Hospital Approved in Court

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

A High Court judge has approved a €2 million interim payment of compensation for the family of a child who suffered birth injuries at the Waterford Regional Hospital due to the negligence of medical staff.

In January 2010,Dylan Kenny was born at the Waterford Regional Hospital after an avoidable delay in his delivery which left him deprived of oxygen in the womb. Dylan now suffers from cerebral palsy, has difficulty communicating and is unable to walk independently.

On behalf of their son, Dylan´s parents – Claire O´Brien and Lloyd Kenny -made a compensation claim for birth injuries against the Waterford Regional Hospital, alleging that there had been a failure to monitor Dylan´s foetal heart rate during Claire´s labour or act within a reasonable time to signs of foetal distress and hypoxia.

It was claimed that Dylan´s birth injuries would not have been so severe had medical staff at the Waterford Regional Hospital been more diligent and, in June this year, the Health Service Executive (HSE) admitted that errors had been made in the management of Claire´s labour, acknowledged liability for Dylan´s birth injuries and issued the family with an apology.

Mr Justice John Cook at the High Court was told that the case was before him for the approval of a €2 million interim settlement of compensation for birth injuries at Waterford Regional Hospital, and heard that the interim settlement was to provide care for Dylan for the next three years.

Within the next three years, an assessment will be carried out on Dylan´s future needs and a further interim payment of compensation for birth injuries at Waterford Regional Hospital will be applied for if a structured compensation scheme has not been introduced.

After hearing that Dylan´s parents were satisfied with the interim payment, and preferred it to the lump sum settlement requested by the State Claims Agency, Judge Cook approved the interim payment and adjourned the case.

Jun 20 2014

Interim Settlement of Compensation for Failing to Act on CTG Readings Approved in Court

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Doctor Malpractice in Hospital

A judge has approved a second interim settlement of compensation for failing to act on CTG readings in favour of a boy who suffers from cerebral palsy due to being starved of oxygen in the womb.

Eight-year-old Luke Miggin from Athboy in County Meath was born at the Mullingar General Hospital in February 2006 after having been starved of oxygen in the womb due to his mother´s obstetric consultant – Mr Michael Gannon – failing to act on CTG readings which indicated a deceleration of the foetal heartbeat.

After he was born, Luke was resuscitated and transferred to a special care baby unit, but he was diagnosed with cerebral palsy and now needs 24/7 specialist care as he is unable to walk or take care of his personal needs.

Luke´s mother – Emily Miggin – made a claim for compensation for failing to act on CTG readings against Gannon and the Health Service Executive, and in 2010 liability was admitted for Luke´s injuries. An initial interim settlement of compensation was approved by Mr Justice John Quirke, who adjourned the case for three years to allow time for legislation to pass which would allow for a more suitable structured settlement.

Unfortunately such legislation has not yet been introduced and, at the High Court in Dublin, Ms Justice Mary Irvine was critical of former Ministers of Justice for failing to deliver on their promises of periodic payments for victims of catastrophic medical negligence. Judge Irvine said that the lack of a structured settlement system prevented families such as the Miggins from being able to get on with their lives when there was ongoing litigation.

The judge approved a second interim settlement of compensation for failing to act on CTG readings and adjourned Luke´s case for a further three years when his needs will be re-assessed and a structured settlement system might be in place.

Apr 30 2014

Interim Cerebral Palsy Compensation Settlement Approved by Judge after High Court Hearing

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

A €1.5 million interim cerebral palsy compensation settlement has approved in the High Court in favour of a County Mayo teenager who suffered severe birth injuries due to alleged hospital negligence.

Mary Malee (14) was born at the Mayo General Hospital on 11th October 1999 by emergency Caesarean section after there had been an alleged avoidable delay in finding a consultant to assist with the delivery and a claimed breakdown in communicating a deceleration of the foetal heart rate.

When Mary was born, a lack of oxygen in the womb resulted from her sustaining cerebral palsy, and she is now cared for full-time by her parents – although able to attend a mainstream school, from where she hopes to go to university.

Through her mother – Maura Malee of Swinford, County Mayo – Mary made a claim for cerebral palsy compensation against the Mayo General Hospital and the Health Service Executive (HSE).

In the claim it was alleged that there had been a failure to intervene and initiate a Caesarean section delivery in an appropriate timeframe when it became apparent that Mary was suffering distress in the womb and likely to need resuscitation.

Mayo General Hospital and the HSE both denied their liability for Mary´s cerebral palsy; but agreed to an interim cerebral palsy compensation settlement of €1.5 million, with a further assessment of Mary´s needs to be made within two years pending the introduction of structured compensation payments.

At the High Court, Ms Justice Mary Irvine heard that Mary´s mother had attended the consultant who had delivered her three previous children just days before Mary was born. The consultant was about to start treatment for cancer and would be unavailable for Mary´s delivery; but he told Maura that arrangements would be made for another consultant to be present.

When Maura saw her family doctor the following day, he told her to go to hospital immediately as she was displaying symptoms of pre-eclampsia. On arrival at the hospital, Maura was transferred to the labour ward, where she underwent a CTG which revealed a series of decelerations shortly before 6:00am.

A consultant who was called at the time was unavailable to attend for the Caesarean operation, and a second consultant arrived shortly before 7:00am. According to evidence given in court, there was an alleged failure of communication in relation to the severity of Maura´s condition, and the Caesarean procedure did not get underway until after 7:20am.

In court, Mary´s legal representatives told Judge Irvine that had the procedure been started earlier, Mary´s cerebral palsy injuries could have been prevented. Subsequently Mary read out a statement in which she commented “It would have been appreciated had the HSE/Mayo General Hospital said they were sorry”, after which Judge Irvine approved the interim settlement of compensation for a delayed delivery and adjourned the case.

Feb 14 2014

Child Starved of Oxygen at Birth has Compensation Approved

Birth Injury in Hospital, Hospital Medical Malpractice

A child, who was starved of oxygen at birth, has had a compensation settlement of €4 million approved at the High Court in Dublin.

Katie Martin (13) from Trim in County Meath was born at the Coombe Women´s Hospital in Dublin on November 9th 2000 by emergency Caesarean Section, after her mother – Fiona – had presented at the hospital earlier that morning having irregular contractions.

A CTG trace was made after 90 minutes and, according to Katie´s solicitor, the trace registered abnormal readings which would indicate that Katie was being deprived of oxygen in the womb.

However, it was a further 90 minutes before any action was taken in response to the abnormal readings; and when Katie was born she had suffered a cardiac arrest and showed no signs of life.

Fortunately medical staff were able to resuscitate Katie, but she had suffered severe brain damage due to a lack of oxygen that means that she will need constant care throughout the rest of her life.

Through her mother, Katie made a claim for child starved of oxygen at birth compensation against the Coombe Women´s Hospital – who denied their liability for her injury and contested that Katie was deprived of oxygen in the womb before her mother was admitted to the hospital.

Nonetheless, at the High Court in Dublin, Ms Justice Mary Irvine was told that a settlement of €4 million compensation for a child starved of oxygen at birth had been negotiated without admission of liability, and that the case was before her for approval of the settlement.

The judge heard the circumstances of Katie´s birth – and that the hospital had entered a full defence against the claim – before commenting that the settlement was a good one in the circumstances and that she had no hesitation in approving it.

Feb 04 2014

HSE Apologises for Portlaoise Hospital Childbirth Negligence

Birth Injury in Hospital, Clinical Malpractice in Hospital, Hospital Medical Malpractice, Hospital Medical Negligence, Wrongful Death due to Hospital Negligence

Dr Philip Crowley – the National Director of Quality & Patient Safety at the Health Service Executive – has apologised on behalf of the HSE to four families who lost a child due to hospital childbirth negligence at Portlaoise Hospital.

The apology by Dr Crowley was made shortly before an RTE Prime Time television program was scheduled to be broadcast, which highlighted tragic failings in the standard of care at the hospital which led to four perinatal deaths during, or shortly after, the delivery of the babies.

The program – “Fatal Failures” – primarily focused on the story of Roisin and Mark Molloy from Tullamore, County Offaly; whose son Mark died shortly after being delivered on 24th January 2012.

Roisin and Mark had to fight a four-month battle before the hospital acknowledged that their son was still breathing when he was delivered – a condition that is required before an inquest can be held into a fatality.

The hospital´s own investigation into Mark Molloy´s death extended over twenty months – a delay which Dr Crowley described as “lamentable”. He also acknowledged that the Molloys had been deliberately misinformed when they asked questions about the death of their son.

A subsequent independent clinical review into Mark´s death reported “failures in the standard of care provided were casually linked to the foetal hypoxia damage that occurred [and the death of baby Mark]” and made recommendations to prevent such tragedies in the future.

However, as the RTE Investigation Unit discovered, the hospital childbirth negligence continued, and was responsible for the death of three more children due to foetal hypoxia. Two of the deaths were investigated internally, but the parents of the dead children were never advised of the outcomes.

The RTE investigators found that none of the measures that had been recommended following Mark Molloy´s death had been put into practice, and that there was an extreme shortage of midwives to provide as “safe” level of service.

Indeed, whereas the HSE recommends a ratio of one midwife for each twenty-eight women in the later stages of pregnancy, the Portlaoise Hospital had one midwife for every seventy-five expectant mothers – leading to “a lack of understanding of a deteriorating condition resulting in a failure to seek timely medical assistance”.

RTE investigators were also shown a letter written in 2006 by the hospital staff to the then Minister for Health Mary Harney and Minister for Finance Brian Cowen. In the letter concern was expressed over staffing levels at the hospital – a situation had been made clear to the hospital management, but no action had been taken.

The letter concluded by saying there was a “real fear” in the midwifery department that a mother or baby would die before the staffing issues were resolved.

The current Minister for Health James Reilly was invited onto the Today radio show, where he was asked about the hospital childbirth negligence that had taken place at Portlaoise Hospital.

The Minister said that the situation was “utterly unacceptable”, and that he planned to conduct a further investigation into the failings of care at the hospital and the deception that the parents of the dead children had experienced.

“I have asked the Chief Medical Officer to give me a report”, he stated, “It won’t take long and I will take action to make sure that this never happens again.”

Nov 28 2013

Options to Compensate Women for Symphysiotomy Injuries to be Investigated by Judge

Birth Injury in Hospital, Hospital Medical Malpractice

Judge Yvonne Murphy has been appointed by the Government to investigate the options available to compensate women for the symphysiotomy injuries they sustained from the childbirth procedure.

Dr James Reilly – the Minister for Health – announced this week that Judge Yvonne Murphy has been appointed to investigate feasible options to compensate women for symphysiotomy injuries they sustained during the controversial childbirth procedure that took place in Irish hospitals between 1940 and 1990.

Judge Murphy´s appointment comes shortly after the government went back on a pledge to allow Caoimhghín Ó Caoláin´s Private Members Bill through the Dail unopposed – a Bill which would have created a one-year window in the Statute of Limitations and allowed around 300 women who underwent symphysiotomy operations to claim compensation.

The U-turn occurred after legal advisors warned the Government that the Bill would face legal challenges in passed – particularly from the insurance companies liable to compensate women for symphysiotomy injuries, who had already accused the Government of “moving the goalposts” on claims for personal injury compensation.

The judge has been asked to recommend a means to compensate women for symphysiotomy injuries by February 2014, and the Health Minster said that if this were to be in the form of “ex gratia” payments, the Government would be prepared to contribute to the fund. It is also understood that Judge Murphy will be speaking with insurance companies to discover whether they would also contribute towards such a scheme.

Reaction to the announcement was mixed, with Tom Moran – Chairman of the support group Survivors of Symphysiotomy Ltd – welcoming the appointment of Judge Murphy. However, Sinn Fein´s health spokesman – Caoimhghín Ó Caoláin – said “The type of scheme outlined in the terms of reference offers the women no prospect of adequate compensation for what was so barbarically done to them nor the choice to pursue their rights in the courts.”

Nov 25 2013

Compensation Claim for Mismanaged Birth Resolved

Birth Injury in Hospital

A Dublin couple´s compensation claim for a mismanaged birth has been resolved out of court after the couple in question agreed to a settlement of €150,000 without admission of liability.

Jane Farren from Rathgar in Dublin was close to the birth of her third child, and had been admitted to the Rotunda Hospital on the 16th October 2008 due to a spontaneous membrane rupture. Jane was administered Syntocinin to induce her labour and, at 3.45am the following morning, a vacuum delivery was attempted.

Thirty minutes later, her daughter Molly was born by emergency Caesarean Section, but staff at the hospital could not resuscitate her, and Molly was declared dead twenty minutes later – due to which both Jane and her partner Feidhlimidh Wrafter suffered nervous shock.

Jane and Feidhlimidh made a compensation claim for a mismanaged birth against consultant gynaecologist Professor Fergal Malone and the Rotunda Hospital, alleging that both parties had failed to identify abnormalities in the foetal heart rate in time to act upon them; and that when the abnormalities were noticed, nursing staff at the hospital failed to act in a timely manner.

It was also claimed that the couple had been misinformed after Jane´s admission into the hospital regarding the health of the foetus, and that they were led to believe – after Molly´s death – that nothing could have been done to save Molly as the cause of death could not be explained.

Professor Malone and the Rotunda Hospital both denied their liability for Molly´s death and the couple´s nervous shock; however a settlement of the couple´s compensation claim for a mismanaged birth was agreed without admission of liability and the case was struck out at the High Court.

Nov 23 2013

Judge Adjourns Claim for Failing to Act on Test Results

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Doctor Malpractice in Hospital

A High Court judge has adjourned a compensation claim for failing to act on test results after approving an interim settlement of compensation for an eight-year-old girl suffering from cerebral palsy.

At the High Court in Dublin, Mr Justice Kevin Cross was told how Isabelle Sheehan was delivered by emergency Caesarean Section at the Bon Secours Maternity Hospital in Cork in November 2004, after the results from an earlier blood test on her mother – Catherine – had shown a significant increase in the presence of antibodies which had the potential to react with those of Isabelle´s father, Colm.

Mr Justice Kevin Cross also heard that, had Catherine Sheehan´s paediatric consultant – Dr David Corr – referred Catherine to a specialist at the time the results were known, Isabelle could have been born earlier and the spastic quadriplegic cerebral palsy she suffered at the time of her delivery could have been avoided.

Through her mother, Isabelle made a compensation claim for failing to act on test results against Dr Corr – who admitted that he had “made a mistake” and accepted liability for Isabelle´s injuries – and, at a hearing in October 2011, Mr Justice Iarfhlaith O’Neill approved an initial €1.9 million settlement of compensation and adjourned the case for two years to allow for the introduction of a structured compensation payment system.

As two years had passed, and no system for structured compensation payments has yet been introduced, Mr Justice Kevin Cross approved a further interim payment of €635,000 to provide Isabelle she will need for the forthcoming two years and adjourned her compensation claim for failing to act on test results once again.

The judge heard that, with assistance, Isabelle was keeping up with her classmates at her mainstream national school and that she was bright and intelligent. Mr Justice Kevin Cross closed the hearing by wishing Isabelle all the best for the future.

Sep 14 2013

Cerebral Palsy Birth Injuries Could be Reduced by More Senior Doctors Claims Consultant

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Hospital Medical Malpractice

A leading hospital consultant has claimed that the number of cerebral palsy birth injuries could be reduced if more senior doctors were available to provide 24/7 cover for labour wards.

Dr Sam Coulter-Smith, Master of the Rotunda Hospital in Dublin, was speaking at a special conference convened to hear from doctors, midwives, the legal profession and families on how preventable cerebral palsy birth injuries to babies could be reduced.

He said that the number of babies born with cerebral palsy birth injuries had not reduced in the past twenty years despite an increase in foetal monitoring and births by Caesarean section, and acknowledged that a percentage of babies born with cerebral palsy were due to mistakes by hospitals and medical staff which could have been prevented.

Dr Coulter-Smith told the conference that junior doctors are being asked to make decisions regarding the healthcare of the mother and baby without the necessary experience, and that “there needs to be 24/7 cover of labour wards by senior consultants to address this problem”.

However, the consultant continued, senior doctors are only required to work between 8.00am and 8.00pm under the terms of their current consultant contracts and, for the remainder of the time, they can be at home on call and only have come to the hospital when there is an emergency.

Dr Coulter-Smith explained that the Rotunda Hospital had tried to reduce the number of cerebral palsy birth injuries by setting up a second tier of experienced junior doctors who are available outside “normal” working hours. However, he admitted, this policy was contrary to the demands of the Health Service Executive, who want the Rotunda Hospital to reduce their medical staff.

He added that he hoped the Health Service Executive would pay attention to the message from the conference because State compensation payments for cerebral palsy birth injuries each year amounted to €45million – equivalent to the Rotunda Hospital´s annual budget.

Aug 20 2013

Support Groups Disagree over Compensation for Symphysiotomy Operations

Birth Injury in Hospital, Clinical Malpractice in Hospital, Hospital Medical Negligence

Groups representing the victims of medical procedures carried out in Ireland between the 1940s and 1990s, to aid childbirth as an alternative to a Caesarean Section, have publicly disagreed about the right path to take in order to recover compensation for symphysiotomy operations.

Following a meeting with Minister for Health James Reilly at the beginning of the month, Patient Focus and SOS Ltd issued a joint statement in which they supported a proposal by James Reilly to determine compensation for symphysiotomy operations through a negotiated mediation with a judge rather than litigation in the courts.

However, speaking at a Survivors of Symphysiotomy emergency general meeting in Dublin, chairperson Marie O´Connor declared that the proposed scheme is exploitative and they do not want to be involved in it – stating that the system proposed by James Reilly “seeks to buy their silence”.

Comparing it to a Magdalene-type solution, Ms O´Connor claimed that Minister Reilly´s proposals were based on the draft findings of the Walsh Report due to be published in the autumn, in which it was determined that the majority of the symphysiotomy operations that were carried out were “medically acceptable” at the time.

Ms O´Connor said that Minister Reilly is yet to openly admit that a wrong had been committed and called on the government to proceed with legislation removing the Statute of Limitations for symphysiotomy claims, which first passed its Private Members Bill stage back in April, but has since failed to progress to committee stage.

Survivors of Symphysiotomy are seeking compensation for symphysiotomy operations of between €250,000 and €450,000 for each victim and have argued that, by not acknowledging that hospitals and medical practitioners were negligent when performing symphysiotomy procedures, the government is denying victims access to justice and a “fair and equitable” settlement of their claims.

Archive for Category: Birth Injury in Hospital

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