A couple whose baby daughter died three days after her birth have received an apology in the High Court for the failings in care of the child at University Hospital Galway (UHG).
The apology came as Marie Donnellan and her husband William Hurley, from Galway, settled actions for nervous shock and injury against the HSE over the death of their daughter, Catherine Rose Hurley, on October 17th 2020.
Johnathan Kilfeather SC, instructed by Ciara McPhillips of Michael Boylan Litigation Law Firm, told the court the matter had been settled and the HSE would read an apology into the court record.
Ms Donnellan attended UHG on October 13th 2020, for a scheduled full-term induction of her baby under the care of a private consultant.
It was claimed that following a difficult delivery, Catherine was born just after midnight on October 14th, and she was pale, did not cry, and was hypotonic with no respiratory effect.
The umbilical cord was found to be around her neck and resuscitation was carried out.
She was brought to neonatal ICU and later that morning she was transferred to the Rotunda in Dublin where she was diagnosed with brain damage due to lack of oxygen, it was claimed.
At three days old, in view of persistently abnormal neurological examination, ongoing seizures, and abnormal cranial ultrasound, her parents were counselled, and a decision was made to remove artificial ventilation and provide comfort care to Catherine.
She passed away in her mother's arms just after 9pm on October 17th.
In the apology read out by Luan O'Braonáin SC, for the HSE, and also sent by letter to the parents on December 18th last, Chris Kane, general manager of UHG, expressed sincere condolences to the family on behalf of the hospital and the Saolta University Health Care Group.
"We acknowledge that there were failings in the care provided to you around the timing of the delivery of Catherine and around her initial neonatal care in the delivery suite and wish sincerely to apologise for that."
Mr Kane said they deeply regretted the impact of these failings, the death of Catherine and the trauma and suffering they experienced.
"We fully appreciate that no words can lessen your suffering at the subsequent loss of Catherine, but wish to offer you and her extended family our deepest sympathies."
In a statement issued afterwards, Ms Donnellan and Mr Hurley, of Tooloobaun, Kiltullagh, Athenry, Co Galway, said since Catherine's death they have been seeking acknowledgement by the hospital of what they believe were significant failings in care.
While they were grateful for the apology, they had been disappointed in the lack of opportunity to discuss change based on our various interactions with stakeholders to date.
On foot of this apology, they have written to UHG and the Saolta group in relation to "systemic change at the hospital."
They have provided, they say, "a list of actionable recommendations which we believe could make a significant impact on maternity care going forward". They have also requested a meeting to discuss those recommendations.
They have no desire to publicly discuss this further at this time and are "solely concentrating on working directly with the relevant stakeholders to achieve measurable change so that no other family will ever experience such a tragic, senseless and life-altering loss".
"And to our beautiful daughter Catherine, we hope that we have made you proud today. We strive to continue doing so as we live your legacy throughout our lives."
Mr Justice Paul Coffey, noting the settlement, extended his deepest sympathies for what he said was no doubt a very traumatic experience, and he was delighted this case was resolved to their satisfaction.
