Monday , December 10 2018
Home / Birth Injury Claims / Couple Settle Claim for Nervous Shock over Death of Baby

Couple Settle Claim for Nervous Shock over Death of Baby

A couple, who alleged that their consultant gynaecologist had mismanaged the birth of their child, have resolved their claim for nervous shock over the death of their baby in an out-of-court settlement.

Jane Farren and Feidhlimidh Wrafter from Rathgar, Dublin, made their claim for nervous shock over the death of their baby, Molly, who died on October 16th 2008 after being delivered in an emergency Caesarean Section.

Jane had been admitted to the Rotunda Hospital in Dublin on October 15th after a spontaneous membrane rupture. She was administered Syntocinon to help induce labour and, at 3.45 am the following morning, was transferred to theatre to attempt a vacuum delivery. Molly was born half an hour later by C-Section, but could not be resuscitated and died.

The couple alleged that their consultant gynaecologist and obstetrician Professor Fergal Malone had failed to properly manage the labour, delivery and birth of their child, and that staff at the Rotunda Hospital had failed to identify abnormalities in the foetal heart rate in a timely manner, which would have led to Molly being born earlier and possibly surviving.

The couple also claimed that they were misinformed during the labour and delivery process, and led to believe after Molly´s death that there was nothing that could have been done to prevent it. Jane and Feidhlimidh also explored the possibility that Molly´s death could have been due to a genetic problem or a pre-labour trauma, despite the couple already having two perfectly healthy children.

Professor Malone and the Rotunda Hospital denied that mistakes had been made which resulted in Molly´s death but, shortly before a scheduled hearing at the High Court, it was announced that the claim for nervous shock over the death of a baby had been settled for €150,000 without admission of liability, and that the case could be struck out.