Harte to Harte: Cork mother's three-year court battle for daughter Jane  

When Olivia Harte heard another mother talk on the radio about her son’s catastrophic birth injury, her 'gut instinct' told her that something similar had happened to her own daughter, writes Liz Dunphy

Olivia Harte has settled for €12m her case over the alleged care her daughter recieved after her birth at the now closed City General Hospital in 1995. Picture: Collins Courts

JANE Harte had a traumatic start in life.

Hours after her birth, breathing rapidly, turning purple, and close to death “in severe septic shock”, she was rushed from a private Cork hospital to the neonatal intensive care unit in the nearby Erinville hospital.

She suffered a Group B streptococcus infection, sepsis, meningitis, and brain damage. Now 27, Ms Harte is profoundly disabled and non-verbal and has spastic quadriplegic cerebral palsy.

Olivia Harte wrongly felt guilty about her daughter’s misfortune. But after hearing a radio interview, she launched an investigation into her daughter’s care.

Through Freedom of Information requests and her legal team, barristers Doireann O’Mahony, BL, and John O’Mahony, SC, and David O’Malley, of Callan Tansey solicitors, and the medics, they assembled troubling — but contested — discoveries.

It was alleged that Ms Harte was born healthy, but contracted an infection and that her condition deteriorated catastrophically over the first 17 hours of her life at the now-closed City General Hospital on October 8, 1995.

It was alleged that a delay in treating a Group B streptococcus infection with antibiotics led to sepsis, meningitis, and brain damage.

The case was against retired consultant and gynaecologist Pallany Pillay, 88, who was the proprietor of City General Hospital, which shut in 2000.

Mr Pillay was also a consultant at the hospital and Jane’s mother, Olivia, was his private patient.

Settlement

Counsel for Mr Pillay, Adrienne Egan, SC, told the court that it was accepted that the baby developed meningitis, but what was at issue was when the relevant symptoms arose.

Ms Egan said that records from the hospital had been destroyed in 2015 and these proceedings had been initiated three years ago. Liability was contested.

But, on Wednesday, the Harte’s High Court action was settled for €12m.

Although no liability was admitted, the financial settlement will change Jane’s life and allow her to move into her family home.

“It’s taken three years of my peace of mind, reliving my life, Tony Swann’s life [Jane’s late father], poor Jane’s life, wondering what she could have been. All she [allegedly] needed was an antibiotic,” Ms Harte said.

I’ll be coming to terms with that for the rest of my life. But at least we got €12m for her, which will improve her life beyond what we could ever do for her financially.

“I’m so glad it’s over and we’ll be able to have her home.

“She’ll be able to have a quality of life with her family.”

 Jane has been living at the Cope Foundation in Montenotte, Cork. Her needs have been too complex for her family to care for her.

The longest time she could spend at her family home was four hours because she would get uncomfortable in her wheelchair and, without a hoist, could not be taken out.

Ms Harte said that staff at Cope Foundation went “above and beyond” to help Jane and the Harte family.

“Kay Allen and Amy O’Donovan at Cope have worked with Jane in Cope for more than 17 years. They’re my backbone.

“They empowered me and supported me all the way.”

'Unbelievably distressing'

Not being able to care for Jane has caused Ms Harte and her family a crushing “burden of guilt”. “We all love her and felt powerless and guilty over her condition and her situation and living in Cope.

“But now she can come home. I won’t have to call Cope when she starts biting herself or hitting herself when she’s uncomfortable [in her wheelchair]. It’s very distressing for her and it’s unbelievably distressing, as a mother, to be powerless, to not be able to help her, do what’s needed for her.”

Olivia with her daughter, Jane Harte. Picture: Collins Courts

Although the Cope Foundation has been “outstanding”, Jane deserves a family life, Ms Harte said.

The money will allow her to move into her family home, with the carers, therapists, and equipment to thrive and reach her potential.

A small swimming pool will be installed.

Jane has always responded hugely positively in the water, but getting pool time has been a challenge.

Her condition causes her muscles to tighten and spasm, which is discomforting and painful. But water seems to dissolve that pain, Ms Harte said.

Her greatest joy is being in the pool, free from her body and free from her chair.

“She’s never cried or gets worked up in the pool, she’s just happy. It’s a joy to experience, even to watch her, to be in the pool with her, it’s her happiest time.

“The only time she’s not tense is in the pool. She can stretch, she’s comfortable, she splashes, and all she needs is armbands and someone supporting her head.

“I’m hoping she will have her own pool and never be restricted again. Not a fancy pool, but just a small pool for two people, so she can do her physio, or like a big hot-tub.

“Once I have an extra pair of hands, which she can afford, she can be in the pool as much as possible.”

Ms Harte has watched her daughter’s condition disimprove, helpless to alter that course.

“She can’t use her left arm, she used to be able to use both arms, she falls. She could get around for a number of years on her knees, she never stood, but she could crawl and climb, with her two hands shuffling her along,” Ms Harte said. 

“She had great independence that way, she could climb up onto her water bed, onto her couch. She doesn’t like her wheelchair, she doesn’t like to be in it for long.

“But the money will be able to provide more physiotherapy, more swimming; basic things she needs.

“The future is bright for her, her disability considered.

“It doesn’t bring back your perfect, normal child, but we have to be grateful.” 

A private physiotherapist is the first person Ms Harte will call to begin a new, intensive care plan for Jane.

“With physiotherapy and assistive technology, there is so much out there available for Jane.

“The physio said that youth is on her side. He said she can regain muscle tone. She might never crawl again, but she might get the use of her left arm and give her more mobility. She’ll be far more comfortable.”

Radio inspiration

Ms Harte said that hearing about Connor Corroon, who had suffered “catastrophic injuries” at birth at the same hospital, was the catalyst for investigating Jane’s case.

“By the grace of God, I heard that woman’s story on the radio in 2019 and I got a gut feeling to pursue it,” Ms Harte said.

Connor’s mother, Judith Mary, of Copestown, Mallow, Co Cork, sued City General Hospital Cork and Dr Pallany Pillay, arising out of the circumstances of Connor’s birth on February 6, 1995. Liability was conceded.

Unable to speak for most of his life, Connor, bright but non-verbal following a catastrophic birth injury, defied his prognosis and gave evidence aloud in court in a historic legal case.

Using eye-gaze technology to speak through a computer, he spelled out the words with his eyes, to say: “I feel free and today my life begins”, following the case’s resolution for €21.5m after a 17-year legal battle.

That technology, along with life-altering therapies, was possible because of interim payments made to Connor following his case against the hospital.

Mr Corroon went on to study at third level and represent Ireland in sport.

“I heard his mother on the radio and that triggered a train of events for me. She was talking about her son needing physio.

I hope that someone reading about Jane’s story could trigger them to think about their own case.

“If you have any doubt, look into it, apply for Freedom of Information. That’s how it began for me.

“It’s huge. We’re very grateful today. It’s surreal.”