'No apology can bring back baby George': Heartbroken Cork parents settle action against HSE

“No apology can ever put right what happened, or bring our baby George back.” 

These are the words of Cork parents John and Aine Duggan, as they settled a High Court action against the HSE over the death of their precious baby boy two days after he was born at Cork University Maternity Hospital.

Baby George Duggan from Sweeney’s Hill, Rathpeacon, died in the arms of his parents on December 21, 2022 and his funeral was held on Christmas Eve.

Today, his mum and dad ended a four-year legal battle as they attended the Four Courts for a ruling of the settlement of their case over the death of their first-born.

“We had so many hopes and dreams for George and for our lives with him in it. We never got to watch him grow, see his smile or hear his little laugh. We carry the grief of losing George ever day along with the sadness of all the moments and milestones that should have been his,” Aine Duggan said in a statement on behalf of herself and her husband.

She added: “We hope that by continuing to speak about George and honour his life, our experience might help protect other families from experiencing this heartbreak. George will always be loved, always be remembered and always be our little boy.” 

In court their counsel Patrick Treacy SC, instructed by Cian O’Carroll Solicitors, said the Duggans had George’s funeral and burial on Christmas Eve.

Counsel said the core of the case was the failure to review and assess the mother during an eleven-day window and the obstetric management of mother and baby during that period up to December 19, 2022.

It was their case that if there had been proper and continual assessment after the December 8 review and before December 19, when Ms Duggan’s waters broke, a Caesarean section would have been performed and baby George would have been better placed and would have survived.

Baby George, he said, was delivered by emergency Caesarean section on December 19, at 29 weeks and three days, but he said that, tragically, the baby had suffered bruising and subgaleal haemorrhage.

Counsel read a letter signed by the clinical director of CUMH Ireland South Women & Infants Directorate, Dr Mairead O’Riordan which said the hospital offered “heartfelt sympathies and deepest condolences to you on the loss of your baby George.” It added: “We do not underestimate how traumatic this has been for you and your family, but please be assured the maternity practices within the hospital are continuously reviewed and strengthened with the ongoing commitment to ensuring the safety and well-being of all patients in our care.” 

In the proceedings it was claimed that there was an alleged failure to deliver the baby by expedited Caesarean section prior to the rupture of the membranes on December 19 2022.

It was further claimed, that had proper investigation or surveillance been carried out in an appropriate or timely manner following the December 8 review, the mother’s worsening placental function would have been identified and she would have been admitted to hospital.

The HSE has admitted it breached its duty of care in not performing more frequent fetal monitoring following the December 8 review. However, the HSE denied it caused the death of baby George. 

Noting the settlement and the division of the statutory €35,000 mental distress payment, Mr Justice Paul Coffey conveyed his deepest sympathy to the Duggans.

Outside court Aine Duggan said in a statement that their lives changed forever when they lost George.

“On Christmas Eve, a day usually associated with magic and joy, we said our final goodbyes to George and buried him in his little white coffin. It was a day filled with the deepest grief,” 

she said.

She said the last four years had been incredibly painful. "Having to revisit the worst time of our lives through this legal process has added another layer to that pain," she added.

She added: “His little brother Charlie will grow up without his big brother and we will never get to watch them play together or see their bond develop. We carry the grief of losing George every day along with the sadness of all the moments and milestones that should have been his.” 

Ms Duggan disclosed that she had private care, believing it would give the best possible care for both herself and her baby.

Ms Duggan said she believed more frequent monitoring could have saved George’s life.

Referring to a lack of fetal movements, she said she specifically asked whether she should be worried.

“I believed my concerns were being taken seriously when we were reassured we had nothing to worry about. Parents should be listened to and a mother’s instinct should never be dismissed,” she said.

If there is one thing we want other mothers to take from our experience, it is to trust their instincts and never be afraid to speak up and keep asking questions,” she said.