The HSE and Tipperary University Hospital have apologised to a five-year-old boy, and his mother Ms Agita Gintale, both from Cahir, Co Tipperary, for the upset and trauma they both experienced over the time of his birth, on November 8th/9th 2017 last.
The letter of apology was read out in the High Court, as Master Shay Crowe settled his action, taken through his mother, following a €300,000 interim payment granted for the next five years.
The boy’s counsel, Mr Patrick Treacy SC, instructed by Mr Cian O’Carroll solicitors, informed the court that certain admissions had been already admitted by the HSE regarding this case, including a breach of duty, which related to a 29-minute delay in the delivery of the baby by caesarean section. Same it was claimed resulted in baby Shay being delivered limp, lifeless and with no heart rate, thus requiring resuscitation. It was further confirmed that standard neonatal resuscitation programme guidelines were not strictly followed at the Tipperary hospital, despite a timely resuscitation having being achieved without adverse consequences.
In the letter of apology read to the court, the HSE and Tipperary University Hospital, Clonmel, Co. Tipperary, apologised to Shay and his mother for “the upset and trauma experienced during the care, treatment and management received by you both at Tipperary University Hospital, from presentation on November 8th, 2017, to include the episode of transfer to Cork University Maternity Hospital. Tipperary University Hospital and the HSE acknowledge that this was traumatic for both of you and his family.”
The case will again return to court in 2029, when general damages and Shay’s future care needs will be once more assessed.
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