Couple in appeal over baby organs case

A couple who lost an action against the National Maternity Hospital over the alleged retention of the organs of their still-born daughter today lodged a Supreme Court appeal.

Solicitors for Bridget and Terence Devlin of Carrickmines in Dublin, who are facing legal costs of over €200,000 from the High court case, said they have lodged papers for an appeal.

Mr Justice Diarmuid O’Donovan ruled the couple must pay the legal costs of the Holles Street hospital as he dismissed their case last month. He had placed a stay on costs in case of an appeal.

The couple had claimed a post mortem exam was carried out on their baby 16-years ago without their consent.

The pair said Mrs Devlin suffering post-traumatic stress or ‘nervous shock’ as a result of the organs of their stillborn baby being retained and looked for damages.

The Devlins’ daughter, Laura, was stillborn at the hospital on May 30, 1988.

The judge referred to previous cases which set out five steps that had to be established before someone could receive damages for ‘nervous shock’.

Mr Justice O’Donovan found there was no evidence anyone had suffered physical injury in this case.

Solicitors from Augustus Cullen & Son will be arguing that certain legal rules arising from previous cases should not have been considered in the Devlins’ action.

In the High Court case, Mr Justice O’Donovan said there was no evidence that the Devlins had suffered physical injury to satisfy previous cases to qualify for damages.

The Devlins sought legal advice from their team, which includes solicitor Michael Boylan, before they decided to lodge the appeal.

At the time the Devlins’ legal team said the case had fallen down on “very narrow legal grounds”.

The couple’s legal team have lodged documents with the Supreme Court but have not had a date confirmed for the appeal.