A couple who claimed they would have terminated their pregnancy if a hospital scan had shown their baby had a congenital condition have settled their legal action against the HSE.
The scan taken at 21 weeks was incorrectly reported back as normal, but the baby had a rare congenital condition.
The couple’s counsel, Elaine Morgan SC, instructed by Cantillons Solicitors, told the High Court that if the parents had been advised of a congenital abnormality their decision would have been not to continue with the pregnancy.
Mr Justice Paul Coffey was told that the interim settlement, which is for the next five years, was reached after mediation.
It is understood that the settlement was for a substantial sum.
The judge ordered that the couple and the boy at the centre of the case not be identified, and the name of his rare condition is not published.
In the proceedings, it was claimed that the mother during her pregnancy had three formal ultrasound examinations in 2019, but the scan at issue was what is known as an anomaly scan, which is usually carried out between 18 and 22 weeks. The scan examines the baby in the womb in detail and checks the development of the baby and can detect congenital conditions.
Ms Morgan said the proceedings were also in the name of the little boy and had been brought so he could be provided for.
She said the boy’s parents were very devoted and there was a need for vigilance with the boy.
It was claimed that had the boy's congenital condition been identified and notified to the parents, they would have terminated the pregnancy by lawful means.
It was further claimed that having been informed that the anomaly scan was reported as normal, the parents relied upon the skill and expertise of HSE professionals by proceeding with the pregnancy to full term and delivery.
It was further alleged the scan fell below the expected standard applicable to routine anomaly scanning and that there was a failure to recognise the congenital abnormality.
The parents were allegedly denied the opportunity to refer the mother to a specialist for a more detailed examination.
A breach of duty in relation to the scan was admitted by the HSE, Mr Justice Coffey was told.
Noting the interim settlement, Mr Justice Paul Coffey said he was delighted the matter had been resolved to the satisfaction of the parties and he conveyed his best wishes to the family.
