Mother settles case over death of baby son for €100,000

Two-month-old Romi Betak died 11 days after being taken to hospital with whooping cough symptoms

Maria Mullins and Roman Betak pictured at the High Court where they settled an action over the death of their son, Romi. Photograph: Collins Courts.
Maria Mullins and Roman Betak pictured at the High Court where they settled an action over the death of their son, Romi. Photograph: Collins Courts.

A woman has secured €100,000 under a settlement of her action against the HSE over the death of her two-month-old son 11 days after she brought him to hospital allegedly with classic signs of whooping cough.

Dr John O'Mahony SC, for the claimant, told the High Court a diagnosis of bronchiolitis was made at Cork University Hospital on baby Romi Betak when in reality the baby had whooping cough.

The infant went downhill and a blood sample taken coagulated and could not be tested, he said.

Their case was that had a repeat blood test been carried out, the course for the child would have been different as a diagnosis could have been made.

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“His heart was racing, his breath was racing. The penny never dropped until unfortunately it was too late,” Dr O’Mahoney said.

Mr Justice Kevin Cross was told liability remained at issue in the case.

Maria Mullins (33), of Presentation Road, Gurranabraher, Cork, sued the HSE over the death of Romi on August 14th, 2012.

It was claimed, depite the baby’s deterioration from the time of his admission, he was not allegedly reviewed again by a doctor until August 5th, 2012 - two days after he was brought to the hospital.

Laboured

By then, his breathing was more laboured but the probability of whooping cough was not considered, it was alleged.

It was claimed there was a failure at that stage to carry out a chest X-ray and a failure to discuss the possibility of the provision of antibiotics. It was further claimed there was failure to make a correct diagnosis and to take the appropriate steps in terms of treatment.

The baby, it was claimed, remained in poor condition and on the evening of August 7th, 2012 and had very thick yellow secretions, which it was claimed suggested a secondary bacterial infection that explained his deteriorating condition. There was an alleged failure to respond appropriately.

On August 8th, 2012, it was noted that the baby had a restless night and the diagnosis remained as viral infection and brochiolitis.

For the next two days the baby was tube fed consistent with his deteriorating respiratory status and it was claimed there was failure to respond appropriately to his status.

Deterioration

Romi also had a persistent chest cough and it was claimed on August 11th, 2012, that there was a further deterioration in his condition and he was described as being pale, mottled and having marked coughing episodes. Again it was alleged that there was no medical intervention.

At this stage, the possibility of whooping cough infection was noted, it was claimed. A chest x-ray showed significant areas of lung infection and on August 12th, 2012, Romi suffered a respiratory arrest and was resuscitated, intubated and transferred to a Dublin hospital where he died two days later.

The cause of death was stated to be pulmonary hypertension and pertussis pneumonia. As a result of his death,it was claimed his mother suffered shock and the loss of her son has left a void in the life of his parents and the rest of the family. The claims were denied.

Approving the settlement, Mr Justice Cross offered his sympathies to the family on their loss and wished them well for the future.