Marie Downey inquest hears of family's 'two-and-a-half years of pain'

Inquest into death of Marie Downey and her baby Darragh at CUMH adjourned as hospital apologises

Kieran Downey, husband of the late Marie Downey outside Cork City Coroner's Court today. Just before proceedings were adjourned, he took the witness stand and said: “Don’t forget about these two people." Photo: Cork Courts Limited

One of Ireland's busiest maternity hospitals has apologised to the family of a woman with epilepsy who died along with her newborn baby while they were both in its care.

But Marie Downey’s family must wait for detailed answers about why she and her four-day-old baby boy, Darragh, died at Cork University Maternity Hospital (CUMH) just over two years ago, following a ruling at Cork City Coroner’s Court.

An inquest into their deaths in March 2019 was opened today by city coroner, Philip Comyn.

However, legal representatives for CUMH raised concerns about the admissibility of an independent review into the care afforded to Ms Downey and baby Darragh.

Following several hours of in-camera legal argument, Mr Comyn ruled the review inadmissible and he adjourned the inquest “with regret” but said he felt it was the only appropriate way to deal with the various matters which had been raised.

He said it will take some time for him to issue his decision in writing.

Mr Comyn agreed to a request from Ms Downey’s family’s legal representative, Dr John O’Mahony SC, to seek a neurological report on Ms Downey, and to the presence of a stenographer when the inquest resumes, and said he will consider a request for a jury to be present.

Marie Downey’s family must wait for detailed answers about why she and her four-day-old baby boy, Darragh, died at Cork University Maternity Hospital.

But he said, given public health restrictions, he couldn’t guarantee that the inquest would be finalised before Christmas.

Just before proceedings were adjourned, Ms Downey’s distraught husband, Kieran, took the witness stand and said: “Don’t forget about these two people. We have had two-and-a-half years of pain.” 

Conor Halpin SC, for CUMH, read an apology, signed by Prof. John Higgins, professor of obstetrics and gynaecology and clinical director of Ireland South Women and Infants directorate, at the South/Southwest Hospital Group, of which CUMH is part.

He said the hospital would like to sincerely apologise to Kieran and his sons, James and Sean, and to Ms Downey’s parents and family, for the events that occurred while Marie and Darragh were under the care of CUMH, and which resulted in the tragic loss of their lives.

"We cannot possibly comprehend the devastating impact these losses have had on you and your family," he said.

"We have carefully reviewed the management of Marie‘s case along with a formal external review of which you were part.

"We have taken a number of steps with the ultimate aim of ensuring the safety of our patients at all times in CUMH.

On behalf of all the staff of CUMH, especially those who were involved in [the] care of Marie and baby Darragh, we are truly sorry and wish to express our deepest sympathies.

Oonagh McCrann SC, representing obstetrician, Prof. Keelin O’Donoghue, said her client also wished to be associated with the apology, and to express her “deepest regret and sadness” at the deaths of Ms Downey and Darragh.

Dr O’Mahony said the family accepts the CUMH apology and thanks those who apologised, but added: “It should be clear that the championing of transparency by the HSE is something that we’re all familiar with. It’s such a pity and I have to express the view that transparency has not been visited on this enquiry.” 

He said the HSE talks repeatedly about being transparent with the families of patients at the centre of cases with adverse outcomes but he said if they were committed to transparency, they would not have sought to block the review from being admitted as evidence before the inquest.

Doireann O’Mahony, junior counsel for the family, said Mr Downey and his family, and Ms Downey's parents, have been waiting over two years for answers.

“They appreciate the apology but they want the answers and they want them in a timely manner,” she said.

An adversarial stage is being set by the HSE before we even started into evidence. It should not be like that.

“An inquest is a fact-finding forum and today was supposed to be a milestone in the family’s grieving process.” 

The inquest is due for mention again in just over three weeks. The review, which was ruled as inadmissible, was commissioned by Prof. Higgins of CUMH following the deaths of Ms Downey and baby Darragh.

It was completed last year and its findings and recommendations have been accepted by Prof. Higgins. The review team described this case as a “tragic, unforeseen and highly unusual event” which has had a “profound effect” on Ms Downey’s family, and on the medical staff who cared for her and her baby.

It has made 11 recommendations in the hope of improving care in maternity hospitals nationwide.