HSE apologises over failings during delivery of baby that later died

Family receive €200,000 settlement of action over child’s birth at Kilkenny hospital

Sharon Dowling and Brian Crowe said that instead of calling loved ones telling them “our much anticipated and longed for first born had arrived, we had to impart the devastating news that our baby was dead”. Photograph: Collins Courts
Sharon Dowling and Brian Crowe said that instead of calling loved ones telling them “our much anticipated and longed for first born had arrived, we had to impart the devastating news that our baby was dead”. Photograph: Collins Courts

The HSE has unreservedly apologised over failings in care at the time of the birth at a Kilkenny hospital of a brain-damaged baby girl, who died two weeks later.

The parents of Ali Dowling Crowe will receive €200,000 under the settlement of their action for nervous shock.

The baby died in the arms of her mother two weeks after her birth at St Luke’s Hospital in Kilkenny.

A letter to her parents, Sharon Dowling and Brian Crowe, was read to the High Court on Thursday.

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In the letter, the HSE and the hospital expressed “an unreserved apology to you and your family for the failings in the care afforded to your child, baby Ali, in the course of her birth at this hospital on January 17th 2015”.

“We extend our deepest sympathy to you and your family arising from her subsequent death on February 1st, 2015.”

In their action against the HSE, the couple, of Glenvale, Ballyragget, Co Kilkenny, claimed the baby suffered brain damage allegedly caused by an acute near total hypoxic ischemic insult during labour.

She was unwell at birth on January 17th 2015 and died on February 1st, 2015.

It was claimed the baby’s delivery should have been carried out twenty or thirty five minutes earlier.

It was further claimed there was failure to interpret the CTG heart monitor trace suitably, sufficiently, or at all and thereafter take necessary remedial action.

Both parents said they suffered shock, distress and emotional upset.

Ali was their first child.

The court was told there was a partial admission in the case in relation to the CTG trace.

In a statement outside court, the parents said, as expectant parents four years ago they never imagined that instead of celebrating the birth of their beautiful daughter, they would be arranging her funeral.

“Instead of calling loved ones telling them our much anticipated and longed for first born had arrived, we had to impart the devastating news that our baby was dead. On that day our lives changed forever and will never be the same again.”

The statement added: “We are broken but we choose to live in hope and we will try to get on with our lives, knowing that Ali is in our hearts, our angel in heaven guiding and protecting her parents and two sisters.”

Earlier, Patrick Treacy SC, for the family, told the court the baby suffered brain damage from what his side said was a near total deprivation of oxygen at the time of her birth.

Approving the settlement, Ms Justice Bronagh O’Hanlon said she was so glad there has been an apology.

The judge said she knew no words from her or compensation can console the parents over the loss of their first child.

She wished the family all the best for the future.