HSE apologises to couple who terminated pregnancy after incorrect advice of fatal foetal abnormality

Olivia Kelleher

The HSE is to conduct an independent external review into the case of a couple who terminated their pregnancy in 2019 after they were mistakenly told that their unborn baby had a fatal foetal abnormality.

HSE CEO Bernard Gloster today confirmed that he had recently met with Rebecca Price and Pat Kiely and provided them with a full apology on behalf of the health service following the loss of their baby Christopher in 2019.

In a statement, he said that the Dublin couple had suffered a “devastating loss.”

“While nobody can undo the harm the Kielys have suffered, it is my strong view, and that of the Minister for Health, Jennifer Carroll MacNeill, whom they have also recently met, that they deserve at least to have this documented and unequivocal apology on behalf of the health service.

“I have also updated them of my intention to commence an independent external review of their case to understand fully what happened in relation to the care provided to them and ensure learning across our services.

"I am currently in the process of finalising the details in relation to this review, including identifying an appropriate person to lead it and will ensure they will have the appropriate expertise available to them to undertake this work. I have advised the team at the National Maternity Hospital of this decision and sought their participation.

“I recognise that no words or actions can undo the loss suffered by Rebecca and Pat, but I hope the establishment of an independent review will allow us to understand what went wrong in relation to their care and learn from it.”

Ms Price and Mr Kiely previously said that they were overjoyed to discover on Christmas Eve 2018 that they were going to become parents. Rebecca, who was then 35 years old, had a completely normal ultrasound scan in February 2019 at the Merrion Fetal Health Clinical.

She was advised a week later that a non-invasive prenatal test, known as a Harmony test, had been positive for Trisomy 18.

Trisomy 18, also known as Edward’s Syndrome, is a rare chromosomal condition which impacts on how long a baby may survive, with most dying before or shortly after birth.

Ms Price went for a second ultrasound scan, which was completely normal. She was then advised by the clinic to undergo Chorionic Villus Sampling (CVS).

Her samples were sent to a Glasgow laboratory for testing. She was advised that a rapid result from the testing revealed Trisomy 18 had been detected.

During a consultation on March 11th 2019, the then 35-year-old was wrongly advised by her consultant on matters including the non-viability of her pregnancy and that her baby had a fatal foetal abnormality.

She followed the advice from her consultant Professor Fionnuala McAuliffe to terminate her pregnancy. The termination occurred three days later at the National Maternity Hospital. The results of a full cell culture test subsequently showed that the baby did not have Edward’s Syndrome.

In 2021, Ms Price and Mr Kiely called for a public inquiry to be carried out into their case. This followed their settling of a High Court case against the National Maternity Hospital in Holles Street, five consultants in the Merrion Fetal Clinic and a laboratory in Glasgow.

After they received a settlement, the couple issued a statement in which they said that nothing will ever take away the “interminable sadness and grief” they live with every day.