Jehovah's witness 'refused blood' during emergency birth

A young African woman and a member of the Jehovah's witness faith who suffered a massive blood loss after giving birth in the Coombe hospital refused a transfusion on a number of occasions, the High Court heard yesterday.

Today, Ms Fifina Paulo told the action brought by the Dublin Maternity hospital arising out a decision to seek a court order to allow them transfuse the woman, who spoke little English, who lost a lot of blood, that she translated to Ms K that medical staff believed she needed a transfusion and her life was at risk.

The witness said that Ms K, a native French speaker, asked Ms Paulo to explain to staff that she was "a Jehovah's witness" and "did not want blood".

The hospital brought proceedings against the woman, a 24-year-old from the Congo known as Ms K, who on September 21, 2006 suffered a massive haemorrhage after what was a difficult birth declared that she would not accept blood on religious grounds, because they had not been informed she was a member of that faith until after the medical emergency arose.

The hospital went to court to seek an order that would allow it to transfuse the woman.

It contends it was entitled to seek the injunction, secured in September 2006 after the hospital told the court it believed the woman would die without a transfusion as she had lost some 80% of her blood.

Following the court order the woman was given a blood transfusion.

The hospital claims Ms K's constitutional rights to freedom of conscience and the free practice of religion do not extend to enabling her to decline appropriate medical treatment.

It further pleads that it would be contrary to public order and morality if Ms K could be permitted to place her life in immediate danger by declining routine medical treatment and a general duty to protect and safeguard the woman's right to life and her personal rights generally and the family life of the woman and her child.

Ms K denies the claims. In a counter-claim, she contends the administration of the transfusion was a breach of her rights and that she was entitled to refuse such medical treatment.

Ms K further also claims that the hospital committed assault and trespass on her person.

The action, which has been running intermittently since opening before Ms Justice Laffoy on October 2, is expected to run into the new year.

Yesterday Ms Paulo, an Angolan woman who is also a Jehovah Witness, told Counsel for Ms K Mr John Rogers that Ms K came to Ireland first in late 2005, and then in April 2006.

She said Ms K had lost three babies in the Congo and after becoming pregnant was afraid that it might happen again.

Ms Paulo, who is married to a brother of Ms K's husband, said Ms K sought refugee status in Ireland, although her husband did not, and after a time in Sligo came back to Dublin.

She attended with Ms K at the Coombe hospital, to act as a translator, and after a long delivery she said that Ms K began to bleed after giving birth.

Ms Paulo said that after contacting her husband and a member of the Jehovah witness congregation a midwife told her that if Ms K "will die in a few minutes".

The court was told by Mr Peter Barnes a Jehovah minister, who worked in the Congo for several decades, that Ms K was a member of a Jehovah's congregation in the Congo before coming to Ireland, and that he first recalled meeting her in either later 2005 or early 2006.

He said records of Ms K and her husbands activity within the church were sent to the congregation in Ireland.

He told Mr John that following a phone call he went to the hospital, with Ms K's husband, on September 21.

He said that her husband, who had recently arrived from the Congo was upset at the time, but after meeting with staff there they were not able to get access to Ms K. He said that first he heard the Ms K had got a blood transfusion after listening to the news on the radio.

Under cross examination from Counsel for the hospital Mr Gerard Hogan SC Mr Barnes said that taking blood or blood products was against the beliefs of the Jehovahs witness, but said that this belief was not forced on any member but was the choice of each individual.

He agreed with Mr Hogan that it was "unusual" and "extraordinary" that Ms K had been registered as a Catholic by two hospitals that she attended prior to her giving birth.

He also told the court that Ms K did have an advance direction card, which members of his faith carry to make medical staff aware that a person is a Jehovah's witness.

However it was his understanding that the one Ms K had was in French and was never produced to the hospital.