The mother of a child who is now blind, quadriplegic and suffering from cerebral palsy got "at best" dismissive treatment when she told a midwife at the National Maternity Hospital in 1992 she was in labour, the High Court heard yesterday.
Blaise Gallagher was born at the NMH, Holles Street, Dublin, in 1992. Suing through his mother, Mrs Avril Gallagher, Glendore, Moneystown, Roundwood, Co Wicklow, he has taken an action against the hospital and a consultant obstetrician, Dr Joseph Stanley, for alleged negligence arising out of the circumstances of his birth. The hearing, before Mr Justice Quirke, is expected to last about three weeks.
It was stated that Mrs Gallagher, then aged 31, was admitted to the hospital early on Saturday, April 23rd, 1992, following what was believed to be spontaneous rupture of the membranes of the womb. She was in the 29th week of pregnancy. Blaise was born early on Monday, April 25th, 1992. Mrs Gallagher had had a miscarriage in 1990.
For Blaise, it is claimed that in April 1992 there was a failure to diagnose the presentation of the baby in the uterus and to use proper or appropriate equipment in the treatment, and a failure to carry out proper or timely medical examinations of Mrs Gallagher before delivery.
It is also claimed there was a failure to heed Mrs Gallagher's requests and complaints before the emergency Caesarean section, and that the baby was deprived of oxygen during his delivery. It is further claimed there was a failure to diagnose the onset of premature labour and a failure to carry out a Caesarean section in sufficient time to avoid physical injury to the child.
It is also claimed there was a failure to note and report on the complaints, symptoms or the general condition of Mrs Gallagher or the baby so as to ensure proper attention was afforded to them.
On behalf of Blaise, it is claimed he required assisted ventilation from birth and that this was continued for 23 days. He was discharged from hospital on July 5th, 1992, again admitted to hospital under the care of a consultant paediatrician on January 29th, 1993, and discharged home on February 8th, 1993.
The defence denies the claims and denies negligence.
Opening the case yesterday, Mr Richard Nesbitt SC, instructed by William Fry, solicitors, for Blaise, said there would be evidence of difficulties at birth and that Blaise was deprived of oxygen. He was effectively stillborn, and the hospital resuscitated him. Counsel said there would be evidence that the child had damage to his brain because he was deprived of oxygen when he was being born.
A senior medical team should have been called in when Mrs Gallagher was in labour, but that did not happen, Mr Nesbitt said. Mrs Gallagher would give evidence that by early on the Sunday she had gone into labour. She had told a midwife she was in labour but got what at best was "dismissive treatment", and at worst "something more unpleasant than that". There had been a failure to take a scan in time.
On the Monday morning Mrs Gallagher had to make a phone call to her husband who rang the obstetrician who then phoned the hospital. Nurses found Mrs Gallagher giving birth and rushed her to the operating theatre.
Mr Nesbitt said there had been an incorrect approach to the Caesarean section. On the Sunday night Mrs Gallagher had been in such a state of agitation that a midwife had wanted to sedate her. A night sister declined sedation, but there was no evidence of anybody seeing how Mrs Gallagher developed in that time.
By midnight Sunday to 2 a.m. Monday, Mrs Gallagher should have been transferred to a delivery ward where she would have been under constant supervision, counsel argued.
The hearing continues today.