Parents appeal to State to have son's death fully investigated

THE parents of a two- year-old haemophiliac boy who died when an artery was punctured during a hospital operation appealed to the Government yesterday to ensure his death is fully investigated.

Little Pierce Nowlan, who was a severe haemophiliac, died on October 14, 2004, as a result of major blood loss after an artery was punctured during a procedure at Our Lady's Hospital for Sick Children in Dublin's Crumlin.

Raymond Bradley, a solicitor for Pierce's parents Stephen and Jean Nowlan, told the Dublin City Coroner's Court the inquest should be adjourned as legislation limiting evidence to two medical personnel prevented a full inquiry into his death.

"We cannot under current legislation, in my view, hold a full and fair hearing," Mr Bradley said.

Mr Bradley said the evidence the court heard was insufficient for the coroner to make his decisions on the inquest and it would be unjust for a verdict to be issued.

In a statement outside the court, the parents said: "Although no actions or finding will bring back our son Pierce, we believe that an investigation in relation to a death, such as an inquest, should include all relevant medical and clinical personnel involved in the events leading up to death in a hospital environment.

"In this instance, 23 clinical persons were involved, of which only one of those persons was permitted to deliver evidence to date with the pathologist."

Mr and Mrs Nowlan, who are from Carrigmore Green, Saggart, Co Dublin, said: "We urge the Government to introduce legislation so that families of persons who die in a hospital environment may receive the comprehensive answers they deserve."

The family also requested a meeting with Justice Minister Michael McDowell to explain the effect of the lengthy delay in introducing new legislation.

"We can never again hold our son; his short life will not have been in vain if only one mother and father can be spared the indiscernible pain and loss that will be with us forever," his parents said.

The inquest heard there were inconsistencies in two versions of medical experts surrounding the death of the two-year-old.

On the first day of the inquest, evidence was given by Dr Martina Healy, a consultant anaesthetist, who carried out part of the procedure.

Dr Healy said she believed an associate professor of paediatric surgery was aware of the puncturing of the subclavian artery during the operation before he left the hospital.

However, Mr Bradley said the statement taken from Professor Corbally, who could not appear due to the restrictions on medical evidence under Section 26 of the Coroner's Act, 1962, had differed in the time he was informed.

"I am urging you should adjourn the inquest until new legislation is introduced," he said.

Emily Egan, a barrister for the hospital, told the second day of the inquest there was an obligation on the coroner to hold the inquest as soon as possible.

"It is simply unworkable or unfeasible that this or other inquests be adjourned for an unspecified period until legislation is amended," she said.

Ms Egan said the family's approach to the death was transparent at all times and the family had been furnished with all reports.

Mr Bradley said he took exception to the claim the hospital had been open and transparent and any reports were only received after lengthy correspondence.

The coroner, Dr Brian Farrell, adjourned the inquest until November 9 to examine the submissions from the family's solicitor.