HSE and Tipperary hospital apologise to boy, 5, for 'upset and trauma' around his birth

Part of the letter of apology read: “Tipperary University Hospital and the HSE acknowledged that this was traumatic for both of you and his family.” File picture: Wikipedia

The HSE and Tipperary University Hospital has apologised to a five-year-old boy for the upset and trauma experienced around the time of his birth.

A letter of apology was read out in the High Court as Shay Crowe settled his action with a €300,000 interim payment for the next five years.

His Counsel, Patrick Treacy SC instructed by Cian O’Carroll solicitors, told the court that certain admissions were made by the HSE in the case including a breach of duty relating to a 29-minute delay on the delivery of the baby by caesarean section. Counsel said the situation was so serious that when Baby Shay was born he had no heart rate.

It was further admitted that the neonatal resuscitation programme guidelines were not strictly followed at the Tipperary hospital. However, the HSE also contended there was no delay in bringing back the boy’s heart rate and it said an effective and timely resuscitation was achieved without adverse consequence.

In a letter read to the court from the HSE and Tipperary University Hospital, they apologised to Shay and his mother for “the upset and trauma experienced during the care, treatment and management received by you both at Tipperary University Hospital from presentation on November 8, 2017, to include the episode of transfer to Cork University Maternity Hospital.” 

It added: “Tipperary University Hospital and the HSE acknowledged that this was traumatic for both of you and his family.” Shay Crowe of Cahir, Co. Tipperary, had through his mother Agita Gintale sued the HSE over his care at the time of his birth in November 2017.

Shay Crowe's birth

Ms Gintale was admitted to South Tipperary University Hospital on November 8, 2017. It was claimed that the CTG monitoring the baby’s heartbeat showed some non-reassuring features and that the baby allegedly showed signs of fetal distress in the second stage of labour.

It was further claimed that in the early hours of November 9 during the second stage of labour, the CTG was pathological. It was decided to go ahead with an instrumental vacuum delivery but this, it was claimed, was abandoned after three pulls. It was decided there would be a caesarean section.

Baby Shay was delivered after 2am on November 9, 2017. He was limp and lifeless at delivery and required resuscitation.

It was claimed an attempt to intubate the baby at two minutes of age failed and he was four minutes of age before he was intubated. He was transferred to the hospital neo-natal unit and ventilated and also received passive cooling.

Shortly after 5am, Baby Shay was transferred to Cork University Maternity Hospital for therapeutic hypothermia.

In the proceedings, it was claimed there was an alleged failure to resuscitate the baby in a correct or appropriate manner and an alleged failure to intubate the baby when indicated at two minutes of life. Counsel told the court the baby had seizures in the first few days of his life and he was in hospital until November 20, 2017.

Approving the interim settlement, which was achieved after mediation, Mr Justice Paul Coffey conveyed his very best wishes to Shay.

The case will come back to court in 2029 when general damages and Shay’s future care needs will be assessed.