Hospital apologises for failings as Jack (4) receives €2.5m for brain damage during birth
A FOUR-YEAR-OLD boy left brain-damaged at birth won a €2.5m interim settlement and a public apology from hospital chiefs in court yesterday.
Jack McGahern Donaghey’s mother, Denise McGahern, spoke after the hearing of her relief at the end of a “very tough battle” to win justice for her son, who has cerebral palsy.
At the High Court, Letterkenny University Hospital apologised for the failings that caused Jack’s injuries.
Hospital general manager Sean Murphy said he wished to express sincere apologies for the failings and the “consequential trauma suffered by him and you, his parents and his family”.
“The hospital understands that neither this apology nor the financial compensation … can negate the continuing heartache that the McGahern Donaghey family must feel every day and appreciate that this continues to be a very difficult time for you,” the apology continued.
Jack’s parents Denise and Seamus were in court as the apology was read out and the interim settlement reached after mediation was approved.
Outside court, Ms McGahern said: “With this interim settlement Jack will get the best support and care and help that he needs. This has been a very stressful time for our family.
“Although the interim settlement has been achieved today, it has been a very tough battle over the last three years between us and the HSE, causing us anxiety and worry.
“Whilst the apology from the HSE is welcome, we are saddened and weary of the legal process and struggle to understand why it took this legal road to bring about an explanation and produce an apology.”
Ms McGahern said they would like lessons to be learned from what happened to Jack and they never wanted “this tragedy to be visited on any other family”.
Jack, she said, is a wonderful little boy “who is the light of our lives” and the interim settlement will allow them to move on positively from “what has been an horrendous ordeal”.
Jack, of Killygordon, Co Donegal, had sued the HSE through his mother over the circumstances of his birth on August 5, 2015.
It was claimed there was a failure to recognise the maternal heart rate was being recorded instead of the foetal heart rate.
There was also an alleged failure to recognise the loss of the foetal heart rate during the active second stage of Ms McGahern’s labour.
It was further claimed there was a failure to adequately or accurately assess, diagnose or follow up on the baby’s heart rate during labour. The court heard liability was conceded in the case last month.
Gabriel Gavigan SC, for Jack, asked that the case be adjourned for 10 years when the court will be asked to make an assessment of Jack’s future care needs.
Approving the settlement, Mr Justice Kevin Cross said the bulk of the money will go toward Jack’s care.