A mother who claims she underwent a "horrific" childbirth that left her child physically disabled has brought a High Court action against an obstetrician and the Health Service Executive.
Una Byron (45), a nurse from Upper Strand Street, Youghal, Co Cork, claims Dr Vincent Fenton failed in his duties to her by failing to carry out a Caesarean section and by inappropriately using a forceps to deliver her son John, who was born on October 10th, 1998, in the Erinville Hospital, Cork.
She is seeking damages for post-traumatic stress that she allegedly personally suffered and, in separate proceedings brought on behalf of John, is seeking damages for injuries allegedly sustained by him. Now aged nine, John has Erb's palsy, which involves paralysis and loss of function to his right hand.
The defendants have admitted liability and the court has been asked to assess damages only.
In her own proceedings, Ms Byron said she was under the care of Dr Fenton as a private patient, partly because she wanted the option of an epidural anaesthetic, which was only being offered three days a week at the time to public patients in Cork.
She claims that, while under Dr Fenton's care, she had expressed concern about the size of the baby and was told "we will see". She claims she was admitted to hospital in the early hours of October 10th, 1998, and opted to have an epidural, but had difficulty pushing. When Dr Fenton was called at about 7am, he put a vacuum on the child's head, but this did not work, and he then applied a forceps, she claims.
She claims the doctor was having great difficulty getting the baby out until she heard a "thud" and the baby's head came out. The doctor was perspiring and he called in the paediatric team and the baby was delivered after they employed a special manoeuvre, it is alleged.
Her counsel, Paul Sreenan SC, said she had suffered a "truly horrific" experience, which had left her with serious emotional, physical and psychological distress.
The case continues today before Ms Justice Maureen Clark.