A couple who claimed they would have terminated their pregnancy if a hospital scan had shown the foetus had a congenital condition has settled a High Court action against the Health Service Executive.
The scan, taken at 21 weeks, was incorrectly reported back as normal but the baby was born with a rare congenital condition.
The couple’s senior counsel, Elaine Morgan, told the High Court the parents would have discontinued the pregnancy if they had been advised of a congenital abnormality.
The court was told the interim settlement, which is to cover the next five years, was reached after mediation. It is understood the settlement was for a substantial sum.
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The judge ordered that the couple and the boy cannot be identified and his condition cannot be reported.
In the proceedings, it was claimed the mother had three formal ultrasound examinations during her pregnancy in 2019. The scan at issue was what is known as an anomaly scan, which is usually carried out between 18 and 22 weeks. The scan examines the foetus’s development and can detect congenital conditions.
Ms Morgan said the boy’s parents were devoted and there was a need for vigilance with him.
It was claimed that having been informed that the anomaly scan was reported as normal, the parents proceeded with the pregnancy to full term and delivery.
It was alleged the representation of the scan as normal was wrong and, had the abnormality been identified, the parents would have terminated the pregnancy by lawful means. It was further alleged the scan fell below the expected standard applicable to routine anomaly scanning.
The parents were denied the opportunity for referral of the mother to a specialist for more detailed examination, it was alleged.
The HSE admitted a breach of duty regarding the scan, Mr Justice Paul Coffey was told.
Noting the interim settlement, the judge said he was delighted the matter had been resolved to the satisfaction of the parties.
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