A boy suffers from cerebral palsy and severe physical and mental handicap because of negligence during his birth at a Cork city hospital, it was claimed at the High Court.
Mrs Ann O'Mahony claims her son, Ian, now 12, suffered brain damage as a result of negligence by the Bon Secours Hospital, College Road, and the consultant who attended her prior to Ian's birth.
Through his mother, Ian O'Ma hony, Beechwood Grove, Onslow Gardens, Commons Road, Cork, is suing the hospital and a consultant obstetrician, Dr David A Corr, of Western Road, Cork.
Mr Henry Hickey SC, for Ian, told Mr Justice Quirke yesterday that the child suffered from cerebral palsy, severe physical and mental handicap and epilepsy.
This was due to lack of oxygen and brain damage preceding Ian's birth in the hospital on May 11th, 1987, counsel said. This in turn was caused by the negligence of both the hospital and the doctor, he submitted.
All the claims are denied by both defendants.
Mr Hickey said Mrs O'Mahony's pregnancy was uneventful apart from raised blood pressure for which she entered the Bon Secours on May 8th, 1987, the day she was due to give birth.
Her pregnancy was high-risk because of this pressure and the fact that it was her first-born.
On May 11th her membranes ruptured. There was no sign of foetal distress. The foetal heart was monitored and an epidural administered. Dr Corr was informed at 4.30 p.m.
Mrs O'Mahony was told to start pushing, but this resulted in the foetal heart beat getting slower. Mrs O'Mahony said she was very concerned, but she was told by nursing staff that everything was all right.
But, Mr Hickey said, Mrs O'Mahony got the impression of panic around her. At 5.10 p.m., 40 minutes after being called, Dr Corr arrived. He immediately carried out a forceps delivery and the baby was born about five minutes later.
The doctor told Mrs Mahony he had been in his consulting rooms which were about a mile away and had come quickly to the hospital.
Counsel said that from about 4.30 p.m. there was a severe collapse in Ian's heartbeat. The foetal heartbeat's last trace was at 4.49 p.m. and the hospital was unable to provide any further record after this time, even though when Dr Corr arrived at 5.10 p.m. he ordered disconnection of the heart monitor.
Mr Hickey said that when the baby was born he was examined by the midwife, and this would be relied upon by the hospital in its defence. They would claim that Ian had not suffered any damage prior to birth.
After birth Ian cried, was irritable and did not develop properly. He had no proper speech, had to wear a helmet to protect his head, suffered from convulsions and could not be left unattended. He was doubly incontinent, his disability was profound and he would require constant care. He had a life expectancy of about 50 years.
Mr Hickey said there was a delay of 41 minutes at worst or 26 minutes at best from the time the problems first became evident in the hospital until the actual birth. Ian should have been delivered as a matter of urgency before 5 p.m. Had he been delivered then, the high probability was that he would be perfectly normal.
In evidence, Mrs O'Mahony said that when she started pushing, the foetal heart beat started getting slower.
She said to the nurses: "Help me. Something is going wrong here."
She saw the nurses panicking. She knew something was not right, but they reassured her that everything was fine and that Dr Corr would soon be there. She was taken into an operating theatre. There was still no sign of Dr Corr. Nobody seemed to know what to do next.
When Dr Corr came in he was not in theatre garb, but had his sleeves rolled up and surgical gloves on. Her oxygen mask was removed, the foetal monitor was switched off and Dr Corr delivered her baby. This took only four or five minutes.
She was given her baby briefly, but then he was taken from her. The next day she was given Ian and told she had a very cranky baby. To overcome his irritability, she tried changing his feed, but to no avail. Apart from colic, it was never suggested to her what he might be suffering from.
It was only when he went for medical tests, including a CAT scan, eight months after birth that she and her husband were first told he had severe epilepsy and brain damage.
Ian was incontinent and did not react socially with other children, although he might grab their hair.
By December 1995 Ian was walking round the house unaided, but was very unsteady on his feet. He could not run or be brought out for a walk. Although he had grown bigger in the last three years, his condition had changed little. He required considerable minding and had no appreciation of danger.
The hearing continues today.