Monthly Archives: August 2020

Coombe Maternity Hospital to Pay €35,000 Birth Injury Compensation to Parents in Wrongful Death Case

The Coombe Maternity Hospital has been directed to pay a wrongful death compensation payment of €35,000 by the High Action to the parents of an infant boy, who passed away hours after he his delivery.

Representing the family in court, Richard Kean SC appearing with solicitor Caoimhe Haughey for the plaintiffs, informed the judge that this case was caused by the untimely and “very tragic” death of baby Rory.

Rory Jason Sweeney Butler died on November 19 2015 at the Coombe Maternity Hospital. His parent, Assumpta Sweeney and Jason Butler, alleged that this happened due to medical negligence compensation and submitted a birth death compensation action against the Coombe Women and Infants University Hospital. The claim stated that the hospital had acted in a negligent manner and that they suffered from nervous shock for a number of months due to their son’s wrongful death in the hospital’s neonatal intensive care unit .

Liability in the case was accepted by the defendant .

At the High Court approval was given for the statutory compensation award by Justice Robert Eager, referred to as the solatium for distress for the parents and siblings of the child.  The Judge was advised that other family members had waived any entitlement to any payment out of the award.

In additional to this the Court was also told that there are due to be more, separate, legal proceedings taken in relation the the circumstances of Rory’s tragic passing.

The Coombe Hospital has previously been order by the Courts to pay compensations in relation to issues that were experienced during the birth of a child. In 2013 the maternity  hospital was found responsible in the case of a dyskinetic cerebral palsy medical negligence compensation claim which was submitted by the parents of a then 10-year-old boy who was born suffering from near total acute hypoxic ischaemia. A subsequent investigation into the claim revealed that dyskinetic cerebral palsy was caused due to medical negligence.

Dara Brennan, who sustained a facial injury during his delivery at the Coombe Hospital on November 12, 2009  was awarded €65,000 medical negligence compensation and Eoin McCallig from Dunkineely in Co Donegal and his parents was awarded €15m in relation to the injuries he sustained his birth when he was deprived of oxygen at birth.