The family of a new-born baby who died days after his delivery at the National Maternity Hospital has settled a High Court action.
Baby Henry John McMahon, the family’s counsel told the court had been diagnosed with a serious heart condition and a plan had been put in place that he would have cardiac surgery at another hospital following his birth.
However, Richard Kean SC told the court there was a very traumatic instrumental delivery and the baby suffered a skull fracture.
Counsel said it was imperative Baby Henry be delivered in as good a condition as was possible to maximise his chances of a successful cardiac intervention.
Cardiac surgery
However, after his birth the baby was unfit to undergo the critical cardiac surgery he required.
Henry’s mother Sorcha McMahon, Kilmacud Road, Blackrock, Dublin had sued the National Maternity Hospital, Holles Street, Dublin. She brought the claim for mental distress on behalf of the McMahon family over Baby Henry’s death five days after his birth at the hospital.
It was claimed there was alleged failure to take any or any reasonable care for the safety of the mother and the baby while she was a patient in the hospital. It was further claimed there was an alleged failure to summons for a consultant obstetrician in a timely manner to assist and deliver the baby. It was also claimed the baby was denied the opportunity of life saving heart surgery by the alleged grossly compromising of his condition as a result of the alleged mismanagement of his delivery.
The claims were denied.
Heart condition
In an affidavit to the court Mrs McMahon said her son was born at the Dublin hospital on September 18th, 2017.
He had been diagnosed during an antenatal ultrasound scan with a heart condition and a plan was put in place that following delivery he would be transferred to Our Lady Children’s Hospital,Crumlin, Dublin for operative care and his prognosis was positive.
She said it was imperative that Henry will be delivered in the best condition possible as he could ill afford any further compromise in light of his pre-existing heart condition and his requirement for immediate operative intervention.
Mrs McMahon said her son suffered a traumatic brain injury and after birth his condition was extremely compromised. She said her son’s condition upon arrival at the Children’s Hospital, was such that he was deemed unfit for his vital cardiac surgery and a decision had to be taken to allow had to be taken to allow palliative treatment.
She said her son passed away on September 23rd, 2017.
The details of the settlement are confidential and the matter was before the court to decide on the division of a €35,000 solatium which is a statutory created set payment available to dependents to compensate them for the mental distress and anguish caused by the death of a loved one.
Mr Justice Garrett Simons approved the settlement.
