Couple settle for €130,000 in case against Cork hospital over baby's death

Baby Antony Roan Rojo was delivered at Cork University Maternity Hospital on October 12, 2012, but died on October 16

It was their case that the mother who previously had a child by caesarean section should have been offered a range of options in relation to the delivery of her child at Cork University Maternity Hospital and that a caesarean section should have been carried out on October 11, 2012. File picture: Larry Cummins

A couple who sued over the death of their baby four days after he was delivered at Cork University Maternity Hospital has settled a High Court action for €130,000.

Senior Counsel Dr John O’Mahony SC told the High Court Baby Antony Roan Rojo never improved from “his pretty hopeless status at birth” in October 2012. Counsel said it was a very sad case and it was their contention the baby should have been delivered earlier by caesarean section. 

The settlement against the HSE, which is without an admission of liability, was reached after mediation. All the claims were denied.

The baby’s mother a nurse, Ancy Antony and her husband Rojo Purappanthanathu George from Ballincollig, Cork, had sued the HSE over the death of their second child Antony Roan Rojo who was delivered at Cork University Maternity Hospital on October 12, 2012, but who died on October 16. 

They also sued for nervous shock as a result, it was claimed, of witnessing the profoundly serious and compromised condition of their newborn son and the realisation that he was so profoundly distressed he would not likely survive.

Ms Antony had been admitted to Cork University Maternity Hospital on October 11, 2012, reporting decreased fetal movements and a decision was made to deliver her baby the next morning.

Counsel said it was their case that the mother who previously had a child by caesarean section should have been offered a range of options in relation to the delivery of her child and that a caesarean section should have been carried out on October 11, 2012.

Couple's claims

In the proceedings, it was claimed there was an alleged failure to identify and manage the risk factors in the pregnancy with all due speed, competence, skill and diligence.

It was further claimed there was an alleged failure to deliver the baby at an earlier stage in a timely fashion and an alleged failure to have any regard for the mother’s obstetric history and the fact of that she had her first child by caesarean section.

It was also claimed there was an alleged failure to respond and act in a timely and an appropriate manner to the baby’s requirements as warranted by his condition after birth. All the claims were denied.

Approving the settlement, Mr Justice Michael Hanna expressed his deepest sympathy to the baby boy’s parents and he said he hoped the end of the litigation would help them towards closure. He told the couple who have three other children to do something so his siblings can remember their brother.