A boy who cannot walk or talk has settled a High Court action over the circumstances of his birth at Cork University Maternity Hospital (CUMH) with a €3.5 million interim payout.
Four-year-old CJ Bohane was one of twins born at the hospital on January 21st, 2021. His twin brother, Patrick, died the next day in his father’s arms.
Speaking outside the Four Courts on Thursday, CJ’s mother, Joanne Duggan, of Ringaskiddy, Co Cork, said the day she gave birth to their twin boys should have been the happiest day of their lives, but “unfortunately, it was the worst”.
“I gave birth to our twin boys on January 21st, 2021, at Cork University Maternity Hospital. Sadly, one left in a little white coffin, and the other with a severe brain injury which will impact him for the rest of his life,” she said, flanked by her partner, Fionn Bohane.
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CJ’s counsel, Oonah McCrann SC, instructed by Cantillons Solicitors, told the court the family had gone through an unspeakable tragedy.
She said it was their case that a diagnosis of HELLP syndrome – a rare complication of pregnancy affecting the blood and liver – should have been made and a Caesarean section carried out.
Ms McCrann said a CTG trace, which monitors the baby’s heartbeat, had been discontinued about six hours before delivery. An expert on the Bohane side would say that if the twins had been delivered 30 minutes earlier, it would have been a good outcome, she said.
Counsel said it was their case that the symptoms of HELLP went “undiagnosed and ignored” and the mother suffered a haemorrhage as a result.
CJ, counsel said, has cerebral palsy, cannot walk or talk and has complex care needs.
He had, through Ms Duggan, sued the HSE over the circumstances of his birth at CUMH. It was claimed that after CJ was born by emergency Caesarean section on January 21st, 2021, he was allegedly caused to suffer severe hypoxic ischemic encephalopathy and has been diagnosed with cerebral palsy.
It was claimed there was a failure to recognise that Ms Duggan’s symptoms warranted immediate investigation and an alleged failure to carry out appropriate investigations when she presented at the hospital after 5am on January 21st, 2021.
There was also an alleged failure to treat the case as an emergency when the hospital knew, or ought to have known, it was a high-risk multiple pregnancy, it was claimed.
All of the claims were denied.
The court heard the settlement was reached after mediation, with a €3.5 million payout for the next five years. When the case comes back before the court in 2030, it will be for the assessment of CJ’s future care needs. Two other actions brought by the twins’ parents have been adjourned.
Speaking outside the court, Ms Duggan said CJ is “the only thing that keeps us going through the grief we have suffered”.
“He is a beautiful boy who continues to smile despite the injuries he has suffered. He will never walk or talk, and will require around-the-clock care for the rest of his life,” she said.
“The last 4½ years have been very difficult for all of us, but we now have hope that the future will be better.”
She said they have finally “got some comfort for CJ” and that the settlement “means everything”.
