Last month we concluded a case for Grainne who suffered serious physical and psychological injuries as a result of an extremely traumatic and totally unnecessary adverse birth experience.  Settlement was agreed at the last second and just four days before the Trial of her case was listed for hearing in the High Court.

This is a summary of Grainne’s story and that of her second baby, Daniel.

On her first baby, Grainne had a C-Section and after discussion with her Consultant, it was decided that she would have a C-Section on the birth of her second child unless she went into spontaneous labour, in which case they would try for a natural birth.  By agreement, the Birthing plan was written into her medical notes.  She was booked in for a C-Section but when she arrived at the hospital a Registrar, seemingly without consulting anyone,  decided to abandon the birthing plan and to proceed with ARM (artificial rupture of membranes) against Grainne’s wishes.  Her request to stick to the birth plan was denied.  After a long wait, labour was induced and immediately there were repeated concerns about foetal heart rate.  A Consultant was called in and an emergency C-Section was performed.

Grainne’s CS wound was then closed without stopping the flow of blood and there was a significant delay in recognising the signs that she was bleeding internally.  With her blood pressure dangerously low she was brought to surgery to stop the bleeding and then moved to the HDU.  In HDU it became apparent that Grainne was still bleeding in spite of the second operation and she had to be brought back to theatre again.

The notes record that Grainne lost 7 litres of blood.

The case was fought fully.  No concessions were made by the Maternity hospital.  To progress the case it was necessary to make multiple applications to the High Court to force the Maternity Hospital to comply with the High Court Rules.  A detailed denial was delivered which ran to five typed pages and then, four days before the case was listed for hearing, the Hospital asked for settlement discussions.

A negotiated settlement was reached at the end of March for a six-figure sum.

For further information or if you have had a birth injury please call James McSweeney or Emma Meagher on 1800 515 515.