Couple settle case against HSE over newborn’s death for €130,000

A couple who sued over the death of their baby four days after he was delivered at Cork University Maternity Hospital has settled a High Court action for €130,000.

Their barrister, Dr John O’Mahony SC, told the court their baby, Antony Roan Rojo, never improved from “his pretty hopeless status at birth” in October 2012.

Counsel said it was their contention the baby should have been delivered earlier by caesarean section.

The settlement against the Health Service Executive (HSE) is without an admission of liability and was reached after mediation.

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All the claims were denied.

The baby’s mother, Ancy Antony, who is a nurse, and her husband, Rojo Purappanthanathu George, from Ballincollig, Cork, sued the HSE over the death of their second child.

They also sued for nervous shock allegedly caused by witnessing the profoundly serious and compromised condition of their newborn son and the realisation that he was so profoundly distressed he would not likely survive.

Antony Roan Rojo was delivered at Cork University Maternity Hospital on October 12th, 2012, and died on October 16th. They also sued for nervous shock as a result it was claimed of witnessing the profoundly serious and compromised condition of their newborn son.

Counsel said it was their case that the mother, who previously had a child by caesarean section, should have been offered a range of options for the delivery of her child. The couple alleged a caesarean section should have been carried out on October 11th, 2012.

In the proceedings, it was claimed there was a failure to identify and manage the risk factors in the pregnancy with all due speed, competence, skill and diligence.

It was further claimed there was a failure to deliver the baby at an earlier stage in a timely fashion and a failure to have any regard for the mother’s obstetric history.

There was an alleged failure to respond and act in a timely and appropriate manner to the baby’s requirements as warranted by his condition after birth.

All the claims were denied.

Approving the settlement, Mr Justice Michael Hanna expressed his deepest sympathy to the parents. He said he hoped the end of the litigation would help them towards closure.