The Health and Safety Executive (HSE) has consented to provide a settlement of €1.14 million over a five-year period following a High Court legal dispute involving the birth of a boy. The proceedings alleged that the boy developed hypoxic ischaemic encephalopathy due to being severely oxygen deprived at his time of birth in 2018 at the University Maternity Hospital in Limerick. The same proceedings disclosed that the boy shows signs of developmental delay, displays no verbal communication and has been formally diagnosed with autism spectrum disorder.
This litigation was filed by the boy’s mother against the HSE, who have denied all allegations, emphasising that the care they offered to both the mother and boy was not in violation of any accepted health standards.
The court was also informed by the boy’s legal counsel, Liam Reidy, that the boy might have experienced neurodevelopment issues despite the circumstances of his birth. A significant detail to highlight is that the boy’s sibling is also on the autism spectrum, however, their neurodevelopmental challenges are not as extreme.
Mr Justice Paul Coffey sanctioned the €1.14 million settlement, intended to fulfil the boy’s requirements for the coming five years. An additional court date will be required to discuss his future needs.
The judge expressed admiration for the boy’s parents, commending their handling of the remarkable challenges they have faced.
There was reported evidence in the case that showed the boy’s mother presenting several risk factors including a body mass index classified as obese, gestational diabetes, and an array of abnormal results from monitoring the foetus’s heart rate. Despite this, it was found that she was not offered a birth plan. Following his birth via C-section, the boy needed to be transferred to a neonatal unit on account of hypoglycaemia and elevated lactate levels.
The litigation found allegations of negligence and violation of duty by the HSE, claiming they failed to conduct a C-section following the mother’s admission and also failed to perform emergency C-sections later amidst concerning results from the monitoring of the foetus’s heart rate.
The accusation also suggested there were shortcomings in the postnatal check-ups of the infant and the regulation of his blood glucose levels. It argued that the HSE allowed the child’s hypoglycaemia to worsen significantly.
Despite this, the HSE rebutted all allegations, arguing that even though there were minor fluctuations in the foetal heart rate around 3pm the day before birth, by and large, the monitoring was “comforting”. Later, a “questionable” outcome appeared but it returned to normal, which led to a “justifiable” decision to postpone the delivery to the standard theatre slot at 8am, as stated by the HSE.
The HSE negated the assertion that the boy experienced hypoxic-ischemic encephalopathy and further refuted that this led to his alleged injuries and autism. According to the HSE, the evidence “at best” validates the incidence of mild perinatal stress. It also dismissed the claim that any of its actions or negligence led to the boy’s supposed injuries and autism.