Negligence alleged in care of pregnant diabetic

An alleged failure to monitor properly and intervene in the "high-risk" pregnancy of a diabetic woman led to her baby daughter…

An alleged failure to monitor properly and intervene in the "high-risk" pregnancy of a diabetic woman led to her baby daughter sustaining severe and permanent brain damage and cerebral palsy, it was claimed at the High Court yesterday.

There was a particular failure to have Ms Kathleen Quinn examined on a regular basis by ultrasound scan, it was alleged.

Anne-Maire Quinn, now aged 13 years, will never walk, cannot speak, has spastic quadriplegia in all four limbs, is doubly incontinent and will be dependent on others for the rest of her life, Mr Denis McCullough SC, for the child, said.

With Mr Bruce Antioniotti SC, counsel was opening an action for damages by Anne-Marie, suing through her mother, Ms Kathleen Quinn (41), Fortanne, O'Callaghan's Mills, Co Clare, against the Mid-Western Health Board and a consultant obstetrician, Dr Donal O'Sullivan, with a business address at Percy Square, Limerick. The case is being heard by Mr Justice O'Sullivan and is expected to last 10 weeks.

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Both defendants have denied negligence in either the management of the pregnancy and labour of Ms Quinn or in the delivery by Caesarean section of her daughter Anne-Marie at the maternity unit of Limerick Regional Hospital on May 4th, 1990.

The court heard a previous pregnancy of Ms Quinn's ended with a spontaneous miscarriage and that she was 28 when Anne-Marie was born.

Opening the case, Mr McCullough said Anne-Marie had to be in court yesterday because only her parents, who were both also in court, were looking after her.

Injuries such as those sustained by Anne-Marie often occurred when there was a deprivation of oxygen to the foetus, causing hypoxia, he said.

In this case, he was claiming that the process that resulted in Anne- Marie's injuries went back earlier in her mother's pregnancy.

He was also alleging an element of negligence in the delivery of the child which had compounded the situation.

He said Ms Quinn is an insulin-dependent diabetic. Her pregnancy was a high-risk one and she and the foetus required to be closely monitored.

During her pregnancy, Ms Quinn had attended her general practitioner, Dr Martin Fitzgerald; the second defendant, Dr Donal O'Sullivan; and the diabetes clinic at Limerick Regional Hospital.

Counsel said he would be arguing Dr O'Sullivan should have made sure Ms Quinn and her baby had an ultrasound scan on a regular basis.

Ms Quinn's general practitioner, Dr Fitzgerald, had noted possible inter-uterine growth restriction when Mrs Quinn was 30-weeks pregnant, Mr McCullough said.

Unfortunately, Dr O'Sullivan had not appreciated the foetus was not developing properly, counsel contended.

The hearing continues.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times