Hospital denied liability in birth injury case despite investigation findings

The High Court has heard that a hospital denied liability for the "devastating injuries" sustained by a child at birth almost three years after its own internal investigation into the matter identified mistakes it had made.

The hospital, St Luke's in Kilkenny, admitted liability in the case last July, and the case is before Mr Justice Vivian Lavan for assessment only.

Keri Brett (aged 6), who has cerebral palsy and is suing through her mother Clodagh Brett (aged 34) Kilnockin Road, Fethard, Co Tipperary has brought an action for damages against the HSE arising of the negligence and breach of duty of care that occurred during Keri's birth at St Luke's on October 20, 2003.

Today the court heard that the HSE was happy to offer a full and unreserved apology to the Bretts for its acts and omissions in relation to its management of Clodagh Brett's labour and of the delivery of Keri for the "undoubted trauma which they have suffered".

The court heard that following a difficult and prolonged labour, Keri suffered devastating injuries. She is mentally and physically handicapped and is profoundly disabled. She is wheelchair bound, visually impaired and will require constant care for the rest of her life.

In her action, Clodagh Brett said that the HSE had failed to properly manage her daughters birth, and had failed to have competent and appropriate medical personal in attendance during the course of Keri's birth.

Keri's birth was induced but there was no continuous fetal heart rate monitoring in place. There were episodes of large decelerations of the fetal heart, and Clodagh was very distressed. The HSE had failed to recognise the abnormal heart rate and failed to carry out an emergency caesarean at an appropriate time.

Yesterday, in opening the case, Mr Liam Reidy SC for the Brett said that the HSE had in a defence, delivered in March 2007 and verified by a sworn affidavit by the Hospital manager, had denied all liability in the case.

Counsel said that as part of their action Ms Brett's solicitor Mr Ernest Cantillon had sought discovery of Keri's medical records St Luke's protocol in operation concerning continuous fetal heart monitoring during labour and all investigations conducted into the circumstances of Keri's birth including any witness statements or reports.

When that material was obtained, following a judgment by Mr Justice Eamon DeValera, it showed that in July 2004 the findings of an internal investigation into the circumstances of Keri's birth found that her labour had been mismanaged.

Counsel said that in seeking an explanation Keri's parents had meetings with the hospital. However no explanation was forthcoming. Counsel told the court that the first 18 months of Keri's life were difficult. She was constantly screaming and was unable to sleep due to the level of pain she was in.

She also suffered from severe spasms. It was thought that she suffered from epilepsy, but that was not the case. However Keri and her family had been helped out largely thanks to the support of the local community in Co Tipperary.

The hearing, which is expected to last for several weeks, continues.