A MOTHER and her son began a High Court action yesterday claiming negligence during the son's birth by the National Maternity Hospital, Holles Street, Dublin, and Dr Simon McCaffrey.
Ms Margaret Naughton (46), and her son, Ian Naughton now aged 11 (suing by his father, Mr Dermot Naughton) of Rathvilley Drive, Finglas, Dublin, are claiming damages. Mr Justice Budd was told the boy has cerebral palsy and is a spastic quadriplegic.
Mr Liam McKechnie SC, for the Naughtons, said the mother claimed her labour had been unnecessarily prolonged and difficult and resulted in a Caesarean section. She had looked for and booked an epidural injection but was not given it. As a result she suffered back injury. She also claimed she suffered shock and psychological disturbance as a result of her son's condition.
The second action, said Mr McKechnie, concerned Ian, born on April 6th 1985, who now suffered from cerebral palsy of the most severe type. The future consequences for him were catastrophic.
Mr McKechnie said that when Ms Naughton was "sectioned", it was discovered the baby was lying transversely in the womb, presenting a shoulder presence which carried great risk for both the mother and baby. A lack of oxygen had caused his problems.
Ms Naughton went to Holles Street at 12.30 p.m. on April 5th and it was not discovered until she had a section between 7.45 a.m. and 8 a.m on April 6th that the baby was in a transverse lie position. She should have been "sectioned" forthwith and the baby brought out.
It appeared from hospital notes that it was assumed, or felt, this baby had a breach presentation. Even if that were right, there were other factors, Mr McKechnie said, which taken together should have clearly indicated to any reasonable obstetrician the necessity for a "section".
In the statement of claim it is alleged the Caesarean section was carried out when it was too late to avoid or prevent irreversible brain damage and cerebral palsy to Ian. It is also alleged there was a failure to have regard to the medical history of Ms Naughton and the high risk and" problematic nature of her previous pregnancies.
The hospital, in its defence, denies negligence or a breach of duty, or that they supervised or managed Ian's delivery or cared or treated the mother and son unskilfully or negligently. They denied the boy's brain was deprived, of oxygen or that Ms Naughton, suffered personal injuries.
In his defence, Dr McCaffrey, who lives now in New South Wales, Australia, said he was not responsible for the management, supervision or care of the Naughtons, and was, at the material time, a registrar in obstetrics.
Dr McCaffrey stated he was not guilty of negligence or breach of duty or failure and denied Ian was deprived of oxygen at the time of his birth. Alternatively, he claimed if Ian suffered the brain damage it was not his fault.
The hearing continues today.