'The worst day of our lives': Cork family settle over death of twin boy after birth at CUMH

HSE and Cork University Maternity Hospital apologise to parents of Patrick Bohane, who was only one day old when he died in January 2021

Fionn Bohane and Joanne Duggan from Carrigaline, Co Cork, outside the High Court last year after they settled a legal action with a €3.5m interim payout over the circumstances of their son CJ's birth at CUMH. Picture: Collins Courts

"The day our twin boys were born at Cork University Maternity Hospital should have been the happiest day of our lives. Unfortunately it was the worst.” These were the words of Fionn Bohane from Carrigaline, Co Cork, outside the Four Courts on Wednesday as he and his partner settled a High Court action over the death of one of their twin sons, Patrick.

Baby Patrick Bohane was only one day old when he died in his father’s arms at CUMH. His twin brother CJ, who was born second on January 21, 2021, is now five years of age. The little boy, who has cerebral palsy, has to use a wheelchair and cannot talk, was in court with his parents. 

Last year, CJ Bohane, who sued over the circumstances of his birth at CUMH, settled his legal action with a €3.5m interim payout.

Mr Bohane, standing beside his partner Joanne Duggan and CJ outside court, said his son Patrick left the hospital in a white coffin.

“The last five and a half years have been very difficult for all of us and it is with regret that we had to fight for this apology. This should not have happened. We should not have to do this to get a basic apology for our baby boy,” he said.

He thanked the courts system “for recognising the importance of access to justice for families like us”. 

Mr Bohane said: “Our son CJ is the only thing that keeps us going through the grief we have suffered. He is a beautiful five-year-old boy, who continues to smile despite the injuries he has suffered. Sadly, we will never get to see our son Patrick smile and that is something we will never get over.” 

The family’s counsel, Oonah McCrann, instructed by Cantillons solicitors, told the court the family had settled the case over Patrick’s death and a nervous shock claim brought by Mr Bohane had also been settled. An action by the twins' mother has yet to come before the courts.

Counsel said it was their case that tragically when Ms Duggan presented at CUMH, there was an alleged failure to appreciate she was suffering from HELLP syndrome, or preeclampsia. It was during covid and Mr Bohane was not allowed in and counsel said Ms Duggan had nobody to advocate for her.

Mr Bohane told Mr Justice Paul Coffey he could not put into words the devastating effect Patrick's death had on the family.

"It was the best of times and the worst of times. CJ brings a lot of happiness into our lives. We are grateful to have this sorted now," he said.

Fionn Bohane and Joanne Duggan had sued the HSE over the death of their son, Patrick.

Apology

The HSE and Cork University Maternity Hospital in a letter read to the High Court said it was “deeply sorry for the circumstances surrounding Patrick’s birth and for the profound sadness and distress that you have endured”. 

It added: On behalf of Cork University Maternity Hospital, we wish to extend our heartfelt sympathies to you and your family on the tragic loss of your baby, Patrick. Please be assured that we do not underestimate the impact of this loss on you and your family.” 

The letter to Patrick’s parents, signed by the hospital clinical director Dr Mairead O’Riordan concluded: “Our thoughts remain with you as you continue to cope with this devastating bereavement. We wish you and your family every comfort and strength for the future.” 

In Mr Bohane’s proceedings against the HSE, it was claimed there was an alleged failure to treat their case as an emergency case when they knew or ought to have known it was a high-risk multiple pregnancy.

There was, it was further contended, an alleged failure to diagnose or treat the symptoms of HELLP syndrome or pre-eclampsia in a timely manner.

It was further claimed Mr Bohane had been allegedly prevented from accompanying his partner into the hospital when it was an emergency situation. 

All of the claims were denied. 

Noting the settlements and the division of the €35,000 mental distress statutory payment, Mr Justice Coffey said it was an unusual and poignant case and he extended his deepest sympathy to the family on their loss.