The High Court has approved a settlement of €228,000 in the case of a Cork mother whose baby died after a home birth went wrong.
Julie Stewart of St Fachtna's Terrace, Skibbereen, had taken the action against independent midwife Elizabeth Ann O’Toole of Derreenkearig, Bantry, Co Cork, who was engaged to deliver her baby in July 2004.
The court heard that the baby, Dagan, suffered brain damage during the birth. He died five days later in hospital.
The midwife initially defended the claim but later admitted liability.
The court heard she was later ‘erased from the register’ after a fitness to practice inquiry.
Details of the circumstances of the birth were not allowed to be read in court. The defence had objected to a statement being read on behalf of the plaintiff.
Mr Justice Quirke said while he had ‘every sympathy’ for Ms Stewart, she had been vindicated by the admission of liability.
The court could not be used as a vehicle to make statements with the benefit of privilege, which could be unfair to others, he said.
However he said there was nothing to prevent Ms Stewart giving her account outside the court.