Family settle action over death of new-born baby

The family of a new-born baby who died days after his delivery at the National Maternity Hospital has settled a High Court action.

Henry John McMahon had been diagnosed with a serious heart condition and a plan was put in place for him to have cardiac surgery at another hospital following his birth, the court was told.

Richard Kean SC, for the family, said there was a very traumatic instrumental delivery and the baby suffered a skull fracture.

It was imperative the baby be delivered in as good a condition as possible to maximise his chances of a successful cardiac intervention but he was unfit to undergo the critical cardiac surgery required, counsel said.

Sorcha McMahon, Kilmacud Road, Blackrock, Dublin had sued the National Maternity Hospital, Holles Street, Dublin, arising from his death. She brought the claim for mental distress on behalf of the McMahon family over the child’s death five days after his birth at the hospital.

It was claimed there was failure to take any, or any reasonable, care for the safety of Ms McMahon and her baby while she was a patient in the hospital

It was further claimed there was failure to summon a consultant obstetrician in a timely manner to assist and deliver the baby.

It was also claimed the baby was denied the opportunity of life-saving heart surgery by alleged gross compromising of his condition as a result of the alleged mismanagement of his delivery.

The claims were denied.

In an affidavit, Ms McMahon said her son was born at the Dublin hospital on September 18th, 2017. He had been diagnosed during an antenatal ultrasound scan with a heart condition and a plan was put in place that, following delivery, he would be transferred to Our Lady Children’s Hospital, Crumlin, Dublin for operative care.

She said his prognosis was positive and it was imperative he be delivered in the best condition possible as he could ill afford any further compromise in light of his pre-existing heart condition and requirement for immediate operative intervention.

Ms McMahon said her son suffered a traumatic brain injury and after birth his condition was extremely compromised. His condition upon arrival at the Crumlin hospital was such that he was deemed unfit for his vital cardiac surgery and a decision had to be taken to allow palliative treatment. She said her son passed away on September 23rd, 2017.

The details of the settlement are confidential and the matter was before the court to decide on the division of a €35,000 statutory payment available to compensate dependants for the mental distress and anguish caused by the death of a loved one.

Mr Justice Garrett Simons approved the settlement.