The HSE is to send a letter of apology to the parents of a newborn baby who died at Cork University Maternity Hospital (CUMH) shortly after his birth.
An inquest into the death of Baby Kyle Dixon was told two weeks ago that failures were later admitted by CUMH at a meeting with the mother of Baby Kyle, who was born on September 9th, 2020, and pronounced dead about one hour and 18 minutes later.
At the High Court on Thursday, Baby Kyle’s parents Emma Cosgrove and Kevin Dixon, of Ballincollig, Co Cork, settled a legal action over the death of their newborn son.
Their counsel, Bruce Antoniotti SC, instructed by solicitor Amy Langan, told the court that the case had been settled after mediation. He said as part of the settlement it had been agreed a letter of apology would be sent by the HSE to Baby Kyle’s parents.
The details of the settlement are confidential, and the case was before the court for the division of the €35,000 statutory mental distress payment only.
Two weeks ago, a verdict of medical misadventure was returned in the death of the newborn baby, and Cork City Coroner’s Court found baby Kyle died shortly after his birth of hypoxia, a lack of blood or oxygen to the brain.
Emma Cosgrove and Kevin Dixon had sued the HSE in the High Court over the death of their son.
Baby Kyle was born in poor condition with the umbilical cord around his neck at 1.27pm on September 9th. He was noted as taking one weak gasp with no further respiratory effort.
Chest compressions were started at one- minute-old, and resuscitation also started. At four minutes of age, a heart rate was recorded, but his heart later stopped and he was pronounced dead at 2.45pm.
Liability
In the proceedings, it was claimed the HSE commissioned a serious reportable event review following baby Kyle’s death and a report of his care while in hospital. It is claimed that a number of failures in the care provided were identified.
In the action, it was claimed there was a failure to properly manage and monitor the labour, delivery and birth of the baby and a failure to recognise or respond to foetal distress with ongoing foetal heart rate decelerations which were becoming deeper and more prolonged.
It was further claimed there was a failure to have an emergency caesarean section in a prompt and timely manner.
Liability was admitted in the case.
Noting the settlement, Mr Justice Paul Coffey extended his deepest sympathy to the Cosgrove and Dixon families.
At the inquest, Baby Kyle's mother, Emma Cosgrove, recounted the moments after her son was born and the frantic efforts to save him.
She told the court the only sound she heard her son make was a "gasp" which she and her husband thought was him starting to breathe.
The mother of two said she found the sound of her baby son being resuscitated so disturbing that she begged staff to take her out of the room.
"I was trying not to look at what was happening, but I just knew at that point it was taking too long and I could not cope with hearing them say he was dead," she said.
