'This should have been the happiest day of our lives': Cork family settles over death of twin boy after birth at CUMH

“The day our twin boys were born at Cork University Maternity Hospital (CUMH) should have been the happiest day of our lives. Unfortunately, it was the worst.”

These were the words of Fionn Bohane, from Carrigaline, outside the Four Courts yesterday as he and his partner settled a High Court action over the death of one of their sons, Patrick.

Patrick was only one day old when he died in his father’s arms at CUMH. His twin brother CJ, who was born second on January 21, 2021, is now five years of age. The little boy, who has cerebral palsy, has to use a wheelchair, and cannot talk, was in court with his parents.

Last year, CJ, who sued over the circumstances of his birth at CUMH, settled his legal action with a €3.5m interim payout.

Mr Bohane, standing beside his partner Joanne Duggan and CJ outside court, said Patrick left the hospital in a white coffin.

“The last five and a half years have been very difficult for all of us and it is with regret that we had to fight for this apology. This should not have happened. We should not have to do this to get a basic apology for our baby boy,” he said.

He thanked the courts system “for recognising the importance of access to justice for families like us”.

Mr Bohane said: “Our son CJ is the only thing that keeps us going through the grief we have suffered. He is a beautiful five-year-old boy, who continues to smile despite the injuries he has suffered. Sadly, we will never get to see our son Patrick smile and that is something we will never get over.”

The family’s counsel, Oonah McCrann, instructed by Cantillons solicitors, told the court the family had settled the case over Patrick’s death and a nervous shock claim brought by Mr Bohane had also been settled. An action by the twins’ mother has yet to come before the courts.

Counsel said it was their case that tragically when Ms Duggan presented at CUMH, there was an alleged failure to appreciate she was suffering from HELLP syndrome, or pre-eclampsia. It was during covid, Mr Bohane was not allowed in, and counsel said Ms Duggan had nobody to advocate for her.

Mr Bohane told Mr Justice Paul Coffey he could not put into words the devastating effect Patrick’s death had on the family. “It was the best of times and worst of times. CJ brings a lot of happiness into our lives. We are grateful to have this sorted now,” he said.

Mr Bohane and Ms Duggan had sued the HSE over the death of Patrick.

The HSE and CUMH, in a letter read to the High Court, said they were “deeply sorry for the circumstances surrounding Patrick’s birth and for the profound sadness and distress you have endured”.

They added: “On behalf of CUMH, we wish to extend our heartfelt sympathies to you and your family on the tragic loss of your baby, Patrick. Please be assured that we do not underestimate the impact of this loss on you and your family.”

The letter to Mr Bohane and Ms Duggan , signed by the hospital clinical director Dr Mairead O’Riordan, concluded: “Our thoughts remain with you as you continue to cope with this devastating bereavement. We wish you and your family every comfort and strength for the future.”

In Mr Bohane’s proceedings against the HSE, it was claimed that there was an alleged failure to treat their case as an emergency case when they knew, or ought to have known, that it was a high-risk multiple pregnancy.

There was, it was further contended, an alleged failure to diagnose or treat the symptoms of HELLP syndrome, or pre-eclampsia, in a timely manner. It was further claimed that Mr Bohane had been allegedly prevented from accompanying his partner into the hospital when it was an emergency situation.

All of the claims were denied.

Noting the settlements and the division of the €35,000 mental distress statutory payment, Mr Justice Coffey said it was an unusual and poignant case and he extended his deep-est sympathy to the family on their loss.