Inquest hears baby's organs were retained after stillbirth

Parents forced to have two funerals 11 months apart because pathologist held on to a number of their son's organs, inquest told

Paddy and Hilary Murphy, parents of Ódhran Murphy, at the two-day inquest into their son’s death. Picture: Neil Michael

An inquest has heard how a couple was forced to bury their stillborn son in two separate funerals more than 11 months apart.

This was because a State perinatal pathologist, Dr John Gillan, who carried out an autopsy into the December 28, 2021, death of Ódhran Murphy had held onto a number of the baby’s organs.

His parents Hilary and Patrick, who expressly said in the hours after their son died that his organs must not be retained, broke down in Carlow Coroner’s Court as they explained how they repeatedly asked for their baby’s organs back.

“To grieve the loss of your first born is a road no one should have to take,” Ms Murphy, from Mountmellick, Co Laois, said in her deposition to the court.

“But for him not to be buried in his whole self... was horrific and will have an everlasting impact on us.” 

She said the sight of her husband walking in the back door of their home “with a second white coffin” would always haunt the couple.

She said they had to fight a “relentless mental battle”  to get his organs back and she sobbed from the witness stand as she said the couple still did not know why their baby’s organs — including his brain — had been retained.

“The lack of respect for us and Ódhran is despicable,” she said.

To have go through a second funeral is truly inhumane. It is a trauma we should never have had to endure.” 

Ódhran was stillborn at the Midlands Regional Hospital, Portlaoise, on December 28, 2021.

In a deposition disputed — in parts — by the hospital, Ms Murphy said she was not checked on for a long period of time before complications set in.

She also said when she told a nurse at 5.45pm she had started bleeding, she was told not to worry.

“She reassured me it meant labour was progressing.

“She said it was another stage of labour.” 

She later explained, when the hospital said the nurse involved denied the conversation took place, Ms Murphy told the court she had requested through a Freedom of Information request for the video from a CCTV camera overlooking the corridor where the conversation happened so at least to prove they had met when she said she had met the nurse to say she was bleeding.

But, the court heard, she was told the video was no longer available.

After the meeting with the nurse, she said: “The door to my room was closed over by the midwife each time she left.

“Apart from [a brief heartbeat check], there was no contact with the midwife on duty/any other staff throughout the day.

“I want to add that I now know that the observation chart in my records suggests that my vitals were checked by [a nurse] at 6.10pm.

“This never occurred during this crucial time.

“I was dismissed in the corridor at 5.45pm with a concern regarding blood.

“No member of staff entered my room to check my vitals at 6.10pm.

This time would have been crucial as if I was checked then and if Ódhran was checked, there could have been an opportunity to save him.” 

Ódhran body was removed and taken to Dublin the following day.

Ms Murphy said before her baby's body left, "we were told if we consented to Ódhran’s organs being retained that further tests and analysis could be carried out if needs be and it could help other families in the future.

“We consented to tissues and slides being taken but not for whole organs to be retained.” 

Dr Gillan later explained he was “not concerned with what [the Murphys] were requesting” because he was following “standard procedure” regarding organ retention.

He denied having any recollection of repeated requests from the family for their son’s organs to be returned.

Paddy and Hilary Murphy, parents of Ódhran Murphy, had expressly said in the hours after their son died that his organs must not be retained. Picture: Neil Michael.

He also said he had been working, in 2021, “under duress” and that the “autopsy service is stretched in this country”.

The inquest is being heard in front of Laois and Carlow County Coroner Eugene O’Connor.

The couple is represented by Rachael Flavin, of Co Wicklow-based legal firm Liston Flavin, and senior counsel Sara Antoniotti is acting on Ms Flavin’s instructions.

Junior counsel Will Reidy is acting for the hospital on instructions from Conor Morgan of Hayes Solicitors. 

The inquest is due to resume on Wednesday afternoon.