A Clonmel couple whose child died during birth have received an apology from a Tipperary hospital which admitted "shortfalls" in its duty of care to the infant that causes "continuing heartache" to the parents of the baby, Freddie.
Freddie died in the early hours of 2 July 2021 at Tipperary University Hospital (TUH).
At the High Court, a letter addressed to parents Sinead O'Donnell and Luke Kelly was read by barrister Patrick Treacy SC, offering the hospital's "sincere apology" over the care received.
Ms O'Donnell attended the hospital for antenatal care on the morning of 1 July 2021, after experiencing pains the previous night.
Her temperature was recorded at 38.4c and she was transferred to the labour ward where a Caesarean Section was performed under general anaesthetic after a medical review.
Baby Freddie, who had been 40 weeks in gestation, was delivered at 2.34am but was born without a heart rate or respiratory ability and efforts to resuscitate the child were unsuccessful.
The clinical negligence case was taken by Ms O'Donnell and Mr Kelly against the HSE, which was alleged to be in breach of its duty to the mother and child and negligent in exercising care.
It was alleged that on 2 July 2021, the hospital failed to diligently, skilfully or carefully treat or care for Ms O'Donnell and baby Freddie.
It was claimed that the hospital failed to deliver baby Freddie in a timely manner and caused an inappropriate or unnecessary delay in the delivery.
It was submitted that the hospital failed to take any action or any appropriate action over a CTG scan carried out at 1.10am showing features of chronic hypoxia - when human tissue receives insufficient oxygen.
It was further submitted that there was a failure to seek an urgent medical or obstetric review and a further failure to appraise the medical staff or obstetrician of the urgency of the child's condition.
It was also submitted that there was a 25-minute delay in attending to Ms O'Donnell when a call was made at 1.20am, depriving the medical team of the opportunity for an effective intervention and exposing the boy to an unnecessary risk of injury.
Mr Treacy said the baby was delivered at 2.34am but was pronounced deceased after resuscitation efforts failed, though the child had a normal baseline heart rate seven minutes before delivery. A post-mortem examination recorded the child as having no "structural anomalies" when delivered.
Mr Treacy said the HSE admitted breach of care during the birthing process and failures in responding to the CTG scan.
"We have a failure regarding the monitoring of the CTG and then a failure to act," said counsel.
Mr Treacy, instructed by solicitor Siobhán Ryan of Cian O'Carroll Solicitors, read the hospital's letter of apology issued by Maria Barry, the hospital manager of TUH.
"On behalf of the staff and management of Tipperary University Hospital, I wish to sincerely apologise for shortfalls in care that led to the stillbirth of your son, Freddie. We understand that neither this nor financial compensation can undo the continuing heartache and appreciate that this continues to be a difficult time for you both," the letter read.
Mr Treacy said the letter amounted to a "full apology and admission for the causation of what caused Freddie to lose his life".
Mr Justice Paul Coffey addressed the couple, who were in court with their family and supporters, and extended his deepest sympathy to them and their family over what he said was the "tragic loss" of baby Freddie.
