Cork couple sue over death of baby two days after birth at CUMH
High Court reporters
A couple whose baby died two days after he was born at Cork University Maternity Hospital has sued the HSE in the High Court.
Baby George Duggan from Cork died in the arms of his parents on December 21st, 2022 and his funeral was held on Christmas Eve.
In a letter to George’s parents John and Aine Duggan of Sweeney’s Hill, Rathpeacon, Co Cork which was read to the High Court, the hospital said it wished to “apologise sincerely for not performing more frequent fetal monitoring following a review and ultrasound scan on December 8, 2022".
The Duggan’s counsel, Patrick Treacy SC instructed by Cian O Carroll solicitors told the court that George was the Duggan’s first child.
He said Aine Duggan had gone for a review and ultrasound scan as a private patient on December 8th.
Counsel said at that review, George’s parents were concerned about fetal movement and that there was no movement from the baby during the scan, but they were reassured there was no issue to be concerned about. The Duggans were given a follow up date for December 22nd.
“If they had been told there was an issue with blood flow they would have ensured continuous monitoring would be provided and would not just have gone home," Treacy said.
“They wrongly believed all was well,” he added.
Counsel said it was their case that if there had been proper and continual assessment after the December 8th review and before December 19th when Ms Duggan’s waters broke, a caesarean would have been performed and Baby George would have been better placed and would have survived.
Baby George he said was delivered by caesarean section on December 19th at 29 weeks and three days, but he said tragically the delivery was extremely difficult and Baby George suffered severe trauma, bruising and subgaleal haemorrhage.
11-day window
The Duggan’s case is in relation to the 11-day window after December 8th and before Baby George’s birth. Counsel stressed after Baby George’s birth on December 19th “ the neo natal team at CUMH could not have done more".
In the letter of apology signed by the clinical director of CUMH Ireland South Women & Infants Directorate , Dr Mairead O’ Riordan it 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 is claimed that there was an alleged failure to deliver the baby by expedited caesarean section prior to the rupture of the membranes on December 19th, 2022.
HSE duty of care
It is further claimed had proper investigation or surveillance been carried out n an appropriate or timely manner following the December 8th 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 8th review. However the HSE has denied it caused the death of Baby George.
When the case resumed before Ms Justice Leonie Reynolds in the afternoon the judge informed the court one of the witnesses was known to her and she could not continue to hear the case. She returned it to the list for the next legal term in October.
Ms Justice Reynolds said it was a very sad case and she expressed sympathy to the Duggans on the loss of their firstborn.
