'No apology' for wrongful termination of Baby Christopher

Rebecca Price and Patrick Kiely at their home in Dublin. Picture: Moya Nolan

The couple whose healthy pregnancy was terminated as a result of incorrect advice that their baby had a fatal foetal abnormality have vowed to continue campaigning until the pre-natal testing system is made safe for all parents and children.

Rebecca Price and Pat Kiely settled their legal action this week when the National Maternity Hospital and private Merrion Fetal Health Clinic acknowledged liability. However, they have not received any apology for the catastrophic failure that resulted in their consenting to the termination of a much-wanted baby.

Speaking after the conclusion of the High Court case, they told the Irish Examiner they want to see action taken to ensure nobody else will be subjected to what befell them.

“There has been no apology from anybody associated with it,” Ms Price said. 

The admission of liability is a start but as far as we are concerned this isn’t over until future pregnancies are protected and people are safe from this kind of error. 

"The child is not invisible and without rights in the eyes of the law. His or her care and management should meet certain safeguards.” 

“We are different people than we were before this,” said Mr Kiely.

'Still ongoing risk'

“Part of that is down to the tragedy, but the other thing is closure. There is still the ongoing risk as far as we are concerned. The risk to other couples has not been addressed."

A scan taken at the National Maternity Hospital.

The termination took place in March 2019 and was one of the first, if not the first, to be conducted on the basis of a belief of a fatal foetal abnormality under the new law that came in following the repeal of the Eighth Amendment in 2018. 

One element of their case highlighted some basic problems, the couple say, was the inability of the Minister for Health or the HSE to order the maternity hospital to conduct an independent inquiry following a tragedy. 

The status of the hospital as “voluntary” means that the minister has no such powers and any inquiry the hospital organises itself would lack proper independence as a result. 

Rejected offer of inquiry by NMH

The couple rejected the offer of an inquiry by the National Maternity Hospital because, they said, it would not have been independent. Following the failure to have the matter fully investigated, they initiated the legal action in 2020.

“If something fatal happens in a voluntary hospital this State needs to be in a position to defend its citizens and to demand an investigation takes place,” Mr Kiely said. 

They failed to protect life which deserves protection and that should have been investigated.” 

Following an attempt at mediation between the couple and the hospital earlier this year, the HSE’s clinical director for the National Women and Infants Programme Peter McKenna noted that what the couple wanted was  “an acknowledgement of the significance of the event that occurred, an apology for that event and an explanation as to how the hospital had ensured a similar event could not happen again.” 

Solicitor Caoimhe Haughey speaking to the media on behalf of Rebecca Price and Patrick Kiely after the settlement of their High Court action for damages. Picture: Collins Courts

Mr McKenna pointed out that, in recent years, there have been two cases at the NMH in which the department felt that an independent inquiry would be appropriate.

“The first case was a maternal death and this current case involving a termination is the second. In both cases, the personnel suggested by the institution [the NMH], to do the review, were appropriate and their integrity beyond reproach.

What can be said is that the independence of the review could be called into question if it was organised by the institution in which the adverse event took place. 

That the funder of the service [department/minister] cannot mandate an independent review seems inappropriate, indefensible and ultimately unsustainable.”

Over the last two years, the couple have had meetings with two ministers for health, HSE Chief Medical Officer Tony Holohan and numerous officials. They have written to the Attorney General and Dublin City coroner about what they believe to be a breach of the law.