Family awarded €35,000 after death of baby son at UHL

A family who sued the HSE over the death of their newborn son at University Hospital Limerick have been awarded maximum costs of €35,000 at the High Court.

Baby Padraig O'Donnell was born on 18 June 2022, but lived for just four hours.

Leanne O’Brien and Patrick O’Donnell and other family members received the maximum sum of €35,000 available under the statutory mental distress payment.

Separately, the family settled, for an undisclosed sum, other proceedings with HSE Midwest in mediation last month.

The terms of the settlement are confidential and the case was before the High Court today for ruling of the €35,000 statutory mental distress payment.

The settlement brings to a close legal proceedings taken by the couple after the loss of their first son together.

The family took an action against the HSE over its failure to exercise due skill, care and attention in performance of duties. This included failure to carry out a caesarean birth as an emergency.

The HSE extended its deepest condolences and heartfelt apology in a letter sent to the parents of baby Padraig.

HSE Midwest said it was writing with "profound sorrow and heartfelt regret following the loss of your baby Padraig. We know that words cannot begin to capture the devastation and grief you are experiencing.

"I wish to acknowledge, without reservation, that there were failings in the standard of care provided to you and your baby Padraig. We take full responsibility for these failings and we are truly sorry," said Ian Carter, CEO Midwest Acute and Older People Services at HSE Midwest.

"We are committed to learning from this incident and we have reviewed our practices, made changes to our processes, and provided additional training to our staff."

Speaking after the judgement, Ms O’Brien said: "Padraig was perfect. We baptized him. Our families came to meet him, and then we had to let him go. No parent should ever have to do both of those things in the same breath.

"For four years, we have carried that mourning with us. The grief has not faded. People say that time heals, it doesn't. You just learn to carry it, we carry Padraig with us every single day. We want to acknowledge that it will not bring Padraig back, nothing ever will.

"But to hear it said plainly that he was failed, and that he should never have happened, means a great deal to us. It is something that we have waited a long time to hear.

"That this settlement falls on the anniversary of his passing is not lost on us. It is a difficulty made heavier, and yet it feels right. The project is at the centre of it. Everything we have done over those four years, we have done for him."

The family said they pursued the case on behalf of their son.

"If even one baby is safer because of what we have done, then his short life will have changed things for the better, that is what we hold on to," said Ms O'Brien.

"And to Padraig, we love you. We miss you, and we did this for you. Rest easy, little man."