A family who took legal action against the HSE following the death of their newborn son at University Hospital Limerick has been awarded the maximum statutory mental distress payment of €35,000 by the High Court.
Baby Padraig O'Donnell was born on 18 June 2022 but died just four hours later. His parents, Leanne O'Brien and Patrick O'Donnell, along with other family members, received the highest amount available under Ireland's statutory mental distress scheme.
The court ruling follows a separate mediation settlement reached last month between the family and HSE Midwest. While the financial terms of that agreement remain confidential, the settlement effectively concludes the legal proceedings brought by the family after the loss of their first son together.
The family alleged that the HSE failed to provide an appropriate standard of care, including a failure to perform an emergency caesarean section when required. As part of the settlement process, the HSE issued a formal apology acknowledging shortcomings in the care provided to both mother and baby.
In a letter to the family, Ian Carter, CEO of Midwest Acute and Older People Services at HSE Midwest, expressed profound sorrow and accepted responsibility for the failings identified in Padraig's care. He said the organisation was deeply sorry for what had occurred and outlined measures taken since the incident, including reviews of procedures, changes to practices, and additional staff training aimed at preventing similar tragedies in the future.
Speaking after the High Court ruling, Ms O'Brien paid tribute to her son and described the lasting impact of his loss on the family. She recalled how Padraig was baptised shortly after birth and surrounded by loved ones before they were forced to say goodbye.
She said that while the settlement could never bring their son back, hearing an acknowledgment that he had been failed and that his death should never have happened provided some measure of comfort. She noted the significance of the settlement being finalised on the anniversary of Padraig's passing.
The family said their pursuit of the case was motivated by a desire to honour their son and help ensure lessons were learned. Ms O'Brien expressed hope that improvements arising from the case might help protect other babies and families in the future.
Concluding her remarks, she said the family would continue to carry Padraig's memory with them every day, adding that everything they had done over the past four years had been done in his honour.
Source: RTÉ News
