Waterford Regional Hospital has apologised at the High Court to a severely disabled eight year old girl over injuries which, it accepted, should not have happened at the time of her birth at the hospital.
The apology was read following a settlement of Alex Butler’s High Court action against the HSE, which includes a €1.4m interim payment for the child who is tetraplegic and confined to a wheelchair.
The court heard the three publicly appointed consultant obstetricians at the hospital were on holiday and a locum consultant obstetrician was on duty on the night of the girl’s birth in April 2005.
This was “a very tragic case” as Alex’s mother Sonya’s pregnancy had been “perfect” and it was only in the last ten or twelve minutes of birth the damage was done to the baby, Liam Reidy SC, for the child, said. Had Alex been born ten to twelve minutes earlier, there would be no disability, he said.
Such was the ethos in the hospital at the time the midwife could not make a phonecall to the obstetrician on holiday, he said. Alex’s parents wanted to point out the midwives working on the night had done their best, he added.
In its apology, Waterford Regional Hospital apologised for the injuries Alex received at birth and accepted they should not have happened.
The hospital “sincerely regrets the tragic consequences their failings have caused to both Alex and to her parents John and Sonya Butler,” it said.
Alex, through her mother, of Kilmacleague, Dunmore East, Co Waterford, had sued a consultant obsterician at the hospital, John Bermingham; a locum consutlant obstetrician, Mahmud Khbuli, and the HSE over management of her birth on April 12th, 2005.
Liability was admitted by the HSE on behalf of its servants and agents and the settlement is against the HSE only. The case was struck out against Mr Bermingham and Mr Khbuli.
It was claimed the HSE failed to have any or any proper number of properly trained competent medical staff to deal with the baby’s delivery and to ensure an adequate and properly competent obstetrician was available to effect a delivery.
It was claimed the HSE failed to ensure Mr Khbuli was a competent obstetrician and had permitted consultant obstetrician John Birmingham to be absent without ensuring competent cover in place.
It was further claimed the pre opertative assesmment of Mrs Butler was substandard and there was a failure to recognise the necessity for a caesarean section.
The case will come before the court again in two years time when Alex’s future care needs will be assessed.
Yesterday, Liam Reidy SC, for the child, said the locum obstetrician was on duty on the night of Alex’s birth as the three dedicated publicy appointed obstetricians were all on holiday. Mr Khbuli was in charge, he added.
Mr Reidy said Alex’s mother had opted for private treatment as this was her first pregnancy. He said Mr Khbuli was not fit to be in charge and did not, at that time, have the capacity to be in that role in the hospital.
Mr Reidy said Alex is “the star of the show” and while she has many deficits, she is intellecutally above normal and “very bright with a great sense of humour”. She has the capacity to go on to university and be independent, he said.
Counsel decribed Alex’s parents as two of the most dedicated patents he has come across. Mrs Butler had spent a year at the Peto Institute in Hungary to make sure her daughter reaches her maximum physcial capacity, he said.
Counsel said the settlement agreement contained a proviso that the parents may opt for a lump sum payment when the matter returns to court in two years time for assessment of Alex’ care needs into the future.