Case study: July 2026.
This week in the High Court, our clients John and Áine Duggan of Rathpeacon, Co Cork began their case against the HSE arising from the death of their firstborn son, George, at Cork University Maternity Hospital in December 2022.
George died in his parents’ arms on 21st December 2022, two days after his birth. His funeral was held on Christmas Eve.
The HSE has admitted that it breached its duty of care to Áine by failing to carry out more frequent foetal monitoring after her review and ultrasound scan on 8th December 2022, a scan at which she and John had raised their concern about George’s movements. The hospital has apologised for that failure. It denies, however, that the failure caused George’s death.
Our clients’ case concerns the eleven days between that review and George’s delivery by Caesarean section on 19th December, at 29 weeks and 3 days. Their case, based on independent expert obstetric opinion, is that proper investigation and surveillance during that window would have identified worsening placental function, that mandated admission to hospital. That expert has stated that an earlier planned Caesarean would have followed, and that George would have survived.
The case came before Ms Justice Leonie Reynolds, who recused herself during the first day of trial on discovering that a witness was known to her. The trial must now be sent to a different judge and will not be heard until the next legal term in October. The judge expressed her sympathy to John and Áine on the loss of their son.
As Seen