€228,500 awarded to woman over home birth

A WOMAN who claimed her baby son died as a result of negligence by an independent midwife in managing a home birth which “went wrong” has secured €228,500 in settlement of her High Court action.

Midwife Elizabeth Ann O’Toole admitted liability in the proceedings brought against her by Julie Stuart over the death in hospital of her son Dagan five days after suffering brain injuries during his birth at home in July 2004.

Ms O’Toole, with an address at Derreenkearig, Bantry, Co Cork, was struck off the register of nurses by the High Court last December following an inquiry into allegations against her conducted by the Fitness to Practise Committee of An Bord Altranais.

When the case came for ruling before Mr Justice John Quirke yesterday, David Holland SC, for Ms Stuart (47), a special needs assistant of St Fachtna’s Terrace, Skibbereen, Co Cork, said it arose from the “very tragic” death of Dagan in a situation where the defendant initially denied liability but later admitted it.

The case had settled by acceptance of a lodgement and there were issues raised as to what could be said from an affidavit by Ms Stuart relating to the factual background and her claims about what had happened, counsel said.

While the material objected to was not really relevant to the ruling sought, Ms Stuart’s concern from the very beginning was to have these matters ventilated in court, he said. Persons come to court to vindicate rights and what was at issue here was the right to life of Dagan, he added.

John Finlay SC, for Ms O’Toole, said the difficulty with the contents of the affidavit arose in circumstances where an offer was accepted on July 3rd and it was not sought to have any statement read in court. The Fitnesss to Practise Committee hearing was a private matter and Ms Stuart could not make statements in court about matters not relevant to the ruling.

Mr Finlay agreed with the judge that did not prohibit Ms Stuart making statements outside court but, counsel added, these did not attract court privilege and were subject to the law.

Mr Justice Quirke said, while he “could not have more sympathy” for Ms Stuart, he could not ignore the law of the land. The court could not be used as a vehicle to make statements, as comments could be made in court, with the benefit of privilege, to the detriment of another party which could not be contradicted. An admission of liability is a vindication of rights, he also noted.

In those circumstances, the judge ruled he could only hear what was relevant to the ruling he was asked to make.

Mr Holland then outlined the case. He said Ms Stuart, while pregnant with Dagan in 2004, came under the care of Ms O’Toole, an independent midwife, and it was agreed Dagan would be born at home. Tragically, that home birth went wrong, there was a breech birth, and in the course of that, Dagan suffered a very significant insult to his brain which led to his death in hospital days later.

Dagan’s death caused great distress and upset to his family, counsel added. The case was taken in January 2007, liability was admitted in November 2008 in relation to Dagan’s death and the personal injuries suffered by Ms Stuart.

Approving the offer of €228,500, the judge was told by Mr Holland the family intended the money to be used for the needs of three-year-old Ewan Stuart. Counsel added Dagan’s father, Bernard Fahy, was also in court.

In a statement outside court, Ms Stuart, accompanied by her daughter Siobhan, said she was happy the case had come to court and they had been able to speak up for Dagan, “who was so much wanted and loved”. He was a beautiful baby and they had great plans for his life which were then taken away due to the midwife’s negligence, she added.

Ms Stuart also said Ms O’Toole was struck off the register of nurses as a result of her negligence.