Cork couple sue HSE over death of baby two days after birth at CUMH

George’s parents were concerned about fetal movement and that there was no movement from the baby during ultrasound scan, but they were reassured there was no issue to be concerned about

Áine and John Duggan from Sweeney's Hill, Rathpeacon, Co Cork, holding a photo of their son George, at the High Court on Tuesday. Picture: Collins Courts

A couple whose baby died two days after he was born at Cork University Maternity Hospital has sued the HSE in the High Court.

Baby George Duggan from Cork died in the arms of his parents on December 21, 2022, and his funeral was held on Christmas Eve.

In a letter to George’s parents John and Áine Duggan, of Sweeney’s Hill, Rathpeacon, Co Cork, which was read to the High Court, the hospital said it wished to “apologise sincerely for not performing more frequent fetal monitoring following a review and ultrasound scan on December 8, 2022".

The family's counsel, Patrick Treacy SC, instructed by Cian O Carroll solicitors, told the court that George was their first child. He said Áine Duggan had gone for a review and ultrasound scan as a private patient on December 8.

At that review, George’s parents were concerned about fetal movement and that there was no movement from the baby during the scan, but they were reassured there was no issue to be concerned about, said counsel. They were given a follow-up date for December 22.

“If they had been told there was an issue with blood flow they would have ensured continuous monitoring would be provided and would not just have gone home.” Mr Treacy said.

“They wrongly believed all was well."

Mr Treacy said it was their case that if there had been proper and continual assessment after the December 8 review and before December 19 when Ms Duggan’s waters broke, a caesarean section would have been performed and Baby George would have been better placed and would have survived.

George was delivered by caesarean section on December 19, at 29 weeks and three days, but Mr Treacy said the delivery was extremely difficult and the baby suffered severe trauma, bruising, and subgaleal haemorrhage.

The Duggans’ case is in relation to the 11-day window after December 8 and before George’s birth. 

Counsel stressed that after George’s birth on December 19, “the neonatal team at CUMH could not have done more".

In the letter of apology signed by the clinical director of CUMH Ireland South Women & Infants Directorate, Dr Mairead O’Riordan said the hospital offered “heartfelt sympathies and deepest condolences to you on the loss of your baby George".

The letter continues: “We do not underestimate how traumatic this has been for you and your family but please be assured the maternity practices within the hospital are continuously reviewed and strengthened with the ongoing commitment to ensuring the safety and well-being of all patients in our care.” 

In the proceedings, it is claimed there was a failure to deliver the baby by expedited caesarean section prior to the rupture of the membranes on December 19, 2022.

It is further claimed that had proper investigation or surveillance been carried out in an appropriate or timely manner following the December 8 review, the mother’s worsening placental function would have been identified and she would have been admitted to hospital.

The HSE  admitted it breached its duty of care in not performing more frequent fetal monitoring following the December 8 review. However the HSE denied it caused the death of George.

When the case resumed before Ms Justice Leonie Reynolds on Tuesday afternoon, the judge informed the court one of the witnesses was known to her and she could not continue to hear the case. 

She returned it to the list for the next legal term in October.

Ms Justice Reynolds said it was a very sad case and she expressed sympathy to the Duggans on the loss of their first-born child.