€1.7m for baby who defies the odds
Jack Hegarty was being breastfed after his delivery when he suffered a collapse but the High Court heard the baby’s condition was not monitored as staff cared for his mother.
A midwife was required to hold faulty lighting in place as a suturing procedure was carried out on Jack’s mother, and the court also heard a faulty mechanism in the bed and a malfunctioning stirrup holding the mother’s leg meant a delay occurred in the procedure carried out on the mother.
Jack’ mother, Jacinta Collins, became concerned for the wellbeing of her baby and indicated her concerns to the midwife but was reassured all was well. When the suturing was finished, the midwife realised the baby was in a state of collapse.
In the High Court yesterday, Ms Collithe told Mr Justice Kevin Cross that mistakes were made but she did not have any bad feeling towards the midwife.
She said when her baby was discharged from hospital she and partner Justin Hegarty were told he would be tetraplegic and might only live eight to 10 months, but he has defied all odds.
Jack Hegarty, Ardbrack, Kinsale, Co Cork, had sued through his mother, Jacinta Collins, the HSE over his care after his birth on December 10, 2014. It was claimed there was a failure to monitor the baby adequately or at all, in particular the period after his birth and up to the time of his collapse. It was further claimed there was a failure to provide equipment in working order.
Senior counsel Liam Reidy said liability was admitted in the case. A report following an inquiry highlighted the deficiencies in the equipment and he said causation was later withdrawn. The HSE also apologised to the family, the court heard.
Jack, he said, was cared for in ICU and, before he was discharged on January 22, 2015, an elderly man who had a relic of Padre Pio came and prayed beside the boy and shortly after that Jack was take off ventilation support.
Counsel said Jack is a fantastic boy who can crawl and roll and sing his alphabet, as well as say some words. He said the boy, who has undergone a special type of therapy called Anat Baniel method of neuro movement, will be able to walk and feed himself, and has an impressive cognitive function.
Ms Collins told the court that when they brought their son home, they thought it was for palliative care. He later began to eat rather than be tube-fed and now “eats us out of house and home”.
The family she said will move to California for the next three years so Jack can continue his therapy there.
Approving the settlement Mr Justice Cross praised the “remarkable care” Jack’s parents had given him. He said this was a happy story and congratulated all sides including the HSE and its attitude to the case. The case will come back before the court in three years to decide on future needs for Jack.
Outside court, Ms Collins said what happened to their son was an “avoidable accident two hours after birth”.
“No money will ever compensate us for what has happened but it will allow Jack to flow and progress. We are glad to see that the hospital has learned lessons from this and steps have been taken to prevent reoccurrence.”
She said Jack has has broken all boundaries and they have kept the focus on their son rather than blame.
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