A Dublin woman has claimed that her twin boys, who were born dead at the Coombe Hospital, could have been saved had their condition in the womb been properly diagnosed and acted upon and had they been delivered sooner. Mary Carolan reports.
Ms Dorothy Cunningham claimed before the High Court that she suffered post-traumatic stress disorder as a result of events up to, during and since her twin boys were stillborn at the Coombe on August 18th, 1998.
Her reaction to having to deliver the babies the day after discovering they were dead and days after she had sought a Caesarean section delivery was one of "horror". She claims a particular failure to diagnose that the twins were monochorionic - a condition in which twins share a single placenta and which a UK expert said carried risks similar to that of a triplet pregnancy.
Ms Cunningham (46), Bushy Park Road, Terenure, a mother of two, has taken her action against the governor and guardians of the Coombe Lying-In Hospital; two consultant obstetricians - Dr Paul Bowman and Dr Bernard Stuart; Mr Gerard Hurley, a consultant radiologist; and Ms Siobhán Ní Scanaill, a sonographer.
She is claiming damages for personal injuries and mental distress due to the alleged negligence of the defendants in relation to the management of her pregnancy and loss of her twins.
It is claimed Ms Cunningham came into the care of Dr Bowman during her pregnancy and that Dr Stuart had also participated in her care at material times during her pregnancy.
Mr Hurley is alleged to have carried out and/or supervised scans of Ms Cunningham during her pregnancy and to have reported on those,while Ms Ní Scanaill is also alleged to have carried out and reported on scans of Ms Cunningham during her pregnancy.
The defendants have denied the claims. If Ms Cunningham suffered the alleged personal injuries and mental distress, which is denied, they plead that such injuries and distress was not caused by them. It is also claimed that Ms Cunningham cannot pursue a claim under the Civil Liability Act in respect of children who were not born alive.
In his defence, Dr Stuart has denied all the claims and pleaded that, if Ms Cunningham suffered the alleged injuries and distress, this was due to acts and/or omissions on the part of the other four defendants.
The court heard that Ms Cunningham was aged 40 when, it is claimed, she booked for her second pregnancy at the Coombe in February 1998. She had conceived on a fertility drug to induce ovulation. Her due date was put at August 28th, 1998.
She claims she had a number of scans and other interventions but these failed to diagnose that the twins were monochorionic. On August 12th, 1998, at 37 weeks, she claims she asked for a Caesarean section but was told there was no reason for that and that she would be induced on August 20th if she had not laboured by then.
She claims she experienced vigorous foetal movements on August 16th but experienced no movements the following day. She rang the hospital and was advised to come in immediately for a scan. That scan showed foetal heart activity was absent and double intrauterine death was diagnosed.
Prof Nicholas Fisk, a UK specialist in materno-foetal medicine called by Ms Cunningham's side, said, in a report to the court, that it was his opinion that, if Ms Cunningham had been delivered at any time before 38 weeks, it was highly likely both twins would have survived.