Letterkenny University Hospital has apologised for failings that caused injuries to a baby who was brain damaged at birth.
The apology was read in the High Court as Jack McGahern Donaghey, now aged four, who has cerebral palsy, settled his action with an interim payment of €2.5million.
In the apology the hospital general manager, Sean Murphy said he wished to express sincere apologies for the failings that caused the injuries to Jack and the “consequential trauma suffered by him and you his parents and his family”.
It added: “The hospital understands that neither this apology nor the financial compensation granted by the court can negate the continuing heartache that the McGahern Donaghey family must feel every day and appreciate that this continues to be a very difficult time for you.”
Jack’s parents Denise and Seamus were in court as the apology was read out and the interim settlement reached after mediation was approved.
Tough battle
Outside court, Jack’s mother Denise McGahern said they were so relieved this day had arrived.
“With this interim settlement Jack will get the best support and care and help that he needs. This has been a very stressful time for our family,” she said.
She added: “ Although the interim settlement had been achieved today, it has been a very tough battle over the last three years between us and the HSE causing us anxiety and worry. Whilst the apology from the HSE is welcome, we are saddened and weary of the legal process and struggle to understand why it took this legal road to bring about an explanation and produce an apology.”
She said they would like lessons to be learned from what happened to Jack and they never wanted “ this tragedy to be visited on any other family”.
Jack is “a wonderful little boy who is the light of our lives” and the interim settlement will allow them move on positively from “an horrendous ordeal.”
She concluded :” No amount of compensation would ever compensate Jack for what he has lost but we, his family will continue to strive to make sure Jack reaches the best of his potential.”
Fetal heart rate
Jack McGahern Donaghey, Drumfergus, Crossroads, Killygordon, Co Donegal had sued the HSE over the circumstances of his birth at Letterkenny University Hospital on August 5th 2015.
It was claimed there was failure to recognise the maternal heart rate was being recorded instead of the fetal heart rate and a failure to recognise the loss of the fetal heart rate during the active second stage of labour.
It was further claimed there was failure to adequately or accurately assess, diagnose or follow up on the baby’s heart rate during labour.
The court heard liability was conceded in the case last month.
Gabriel Gavigan SC, for Jack, asked that the case be adjourned for ten years when the court will be asked to assess the boy's future care needs.
Counsel said Jack needs a lot of care and, while he cannot speak fully, can say Daddy and his brother’s name.
Approving the settlement, Mr Justice Kevin Cross said it was a very good one and he wished Jack and his family well for the future.