Couple Agree Compensation for Emotional Trauma after Baby´s Death

A young couple from Dublin, whose child could not be resuscitated after she was born by emergency C-Section, have agreed a settlement of compensation for an emotional trauma after their baby´s death.  

Jane Farren and Feidhlimidh Wrafter from Rathgar in Dublin both suffered nervous shock when their new-born baby could not be resuscitated after being delivered by an emergency Caesarean Section at the Rotunda Hospital on 16 October 2008.

They made a claim for compensation for an emotional trauma after a baby´s death against both the Rotunda Hospital and consultant gynaecologist Professor Fergal Malone, alleging that during the period immediately before their daughter´s delivery, Jane´s labour had been mismanaged.

Jane had been admitted to the hospital on the previous day due to a spontaneous membrane rupture. She had been given Syntocinin to induce her labour and, at 3.45am in the morning, a vacuum delivery had been attempted.

Half an hour later, Jane and Feidhlimidh´s daughter – Molly – was delivered by an emergency Caesarean Section, but staff at the hospital could not resuscitate her, and Molly was declared dead twenty minutes later.

In their compensation claim for an emotional trauma after a baby´s death, Jane and Feidhlimidh alleged that Professor Malone and nursing staff at the hospital had failed to identify abnormalities in the foetal heart rate at an early enough stage, and when the abnormalities were noticed, failed to act upon them in a timely manner.

It was also alleged that the couple had been misinformed during Jane´s labour and the delivery of their daughter, and that they were led to believe after Molly´s death that the cause of death could not be explained and there was nothing that could have been done to prevent it.

The Rotunda Hospital and Professor Malone denied their liability for Molly´s death; however the High Court was told that a settlement of compensation for an emotional trauma after a baby´s death had been negotiated amounting to €150,000 without admission of liability and that the case could be struck out.