A couple have settled a High Court action against the HSE over the death of their son just two days after his birth at Cork University Maternity Hospital (CUMH).
Baby George Duggan, from Sweeney’s Hill, Rathpeacon, Co Cork, died in the arms of his parents, John and Aine Duggan, on December 21st, 2022.
On Tuesday, his parents ended a four-year legal battle as they attended the Four Courts for a ruling on the settlement of their case over the death of their firstborn.
The HSE has admitted a breach in its duty of care in the case, but denied it caused the death of the baby.
“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 every day along with the sadness of all the moments and milestones that should have been his,” Aine Duggan said in a statement outside court.
“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. No apology can ever put right what happened, or bring our baby George back.”
In court, Patrick Treacy, counsel for the Duggans, instructed by Cian O’Carroll Solicitors, said the core of the case was the failure to review and assess the mother during an 11-day window, and the obstetric management of mother and baby during that period up to December 19th, 2022.
It was their case that if there had been proper and continual assessment after the December 8th review and before December 19th, when Duggan’s waters broke, a Caesarean section would have been performed, George would have been better placed and would have survived.
He said George was delivered by emergency Caesarean section on December 19th at 29 weeks and three days, but he said tragically the baby suffered bruising and subgaleal haemorrhage.
[ Boy (8) settles action over circumstances of birth at Cork hospital for €7.5mOpens in new window ]
Counsel read a letter signed by the clinical director of CUMH Ireland South Women & Infants Directorate, Dr Maireád 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 wellbeing 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 19th, 2022.
It was further claimed that, had proper investigation or surveillance been carried out in 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 foetal monitoring following the December 8th review. However, the HSE denied it caused the death of the baby.
Noting the settlement and the division of the statutory €35,000 mental distress payment, Judge Paul Coffey conveyed his deepest sympathy to the Duggans.
Outside court, Aine Duggan said 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 “have been incredibly painful” and that having “to revisit the worst time of our lives through this legal process has added another layer to that pain”.
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.”
Duggan disclosed that she had private care, believing it would give the best possible care for herself and her baby.
Duggan said she believed more frequent monitoring could have saved George’s life.
Referring to a lack of foetal 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.
“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.