Lawyer of Kavanagh Ní Scolai family: Cases against State could be avoided with apology

Vivienne Clarke

The lawyer who represented the family of baby Laoise Kavanagh Ní Scolaí has said that many cases against the State could be avoided if an apology was issued.

Stuart Gilhooly, solicitor and SC, told RTÉ radio’s Morning Ireland that mandatory disclosure legislation could help.

There had been some improvements in how the State handled matters, but the system was far from perfect and far from where it needed to be, he said.

He was hopeful that cases like that of Laoise will push through the necessary legislation.

People wanted answers and they wanted an apology. They wanted to know what happened to their loved one.

“I think if they get that plus an apology, number one, I think litigation is far less likely. It doesn't mean it won't happen, but it's far less likely to occur.”

Laoise Kavanagh Ní Scolai, who was a twin, was only 42 hours and 27 minutes old when she died after her heart was penetrated with plastic tubing while an attempt was being made to insert a chest drain eight years ago.

The Coombe Women and Infants University Hospital, Dublin admitted liability in the case.

Cóilín Ó Scolaí, the father of Laoise Kavanagh Ní Scolaí, has spoken of the “hollow victory” after the settlement of their High Court action on Tuesday.

“It's a hollow victory because our Laois is never coming home to us,” he told RTÉ radio’s Morning Ireland. “It's been a very distressing eight years because our grief hasn't been the normal grief.

“Most people are used to a grief that when the grandparent dies or a parent died or something like that, when a daughter dies or a son there's an extra level to it I hope most people ever experience.

“We were vindicated. And we reclaim some of Laoise's past because they had changed her story to somebody who was the stronger of the two, to being somebody who was the weaker of the two, because it suited their narrative when she died.

“At last, we were able to set the record straight, that she was in fact, the stronger of the two. When you see her brother, Cuán, he is so strong and healthy and tall and slender, a magnificent child, a little devil as well. But he's here with us. And he was the one that we were worried about.

“So today, after eight years of fighting the HSE, fighting the insurance companies, their barristers, their solicitors, their whole team, the whole army that the State provides to fight against you. You're just trying to uncover the truth of what happened to your child or why your child died.

“We felt vindicated. Everybody knows nobody's perfect. People make mistakes. So when you do, hold up your hands and say, we've messed up, we are so sorry. We will make sure that this never happens again. And that's what we wanted from the beginning. That's all we wanted.”