Family settles action over death of baby son one day after birth at Cork hospital

A couple whose twin son died a day after his birth at Cork University Maternity Hospital has settled a High Court action over his death.Baby Patrick Bohane was one day old when he died in his father’s arms at CUMH. His twin brother, CJ, who was born second on January 21st, 2021, is now five years of age. The boy, who has cerebral palsy, has to use a wheelchair and cannot talk. He was in court with his parents as the settlement was ruled. Last year CJ Bohane, who sued over the circumstances of his birth at CUMH, settled his legal action with a €3.5 million interim payout.Fionn Bohane, from Carrigaline, Co Cork, standing beside his partner Joanne Duggan and CJ outside court, said his son Patrick left the hospital in a white coffin.READ MORE“The day our twin boys were born at Cork University Maternity Hospital should have been the happiest day of our lives. Unfortunately, it was the worst. The last 5½ years have been very difficult for all of us and it is with regret that we had to fight for this apology. This should not have happened. We should not have to do this to get a basic apology for our baby boy,” he said.He thanked the courts system “for recognising the importance of access to justice for families like us”.Fionn Bohane said: “Our son CJ is the only thing that keeps us going through the grief we have suffered. He is a beautiful five-year-old boy, who continues to smile despite the injuries he has suffered. Sadly, we will never get to see our son Patrick smile and that is something we will never get over.”The family’s counsel, Oonah McCrann instructed by Cantillons solicitors, told the court the family had settled the case over Patrick’s death and a nervous shock claim brought by Fionn Bohane had also been settled. An action by the twins’ mother has yet to come before the courts.Counsel said it was their case that when Duggan presented at CUMH there was an alleged failure to appreciate she was suffering from HELLP syndrome or pre-eclampsia. It was during the Covid-19 pandemic and Fionn Bohane was not allowed in, and counsel said Duggan had no one to advocate for her.Fionn Bohane told Judge Paul Coffey he could not put into words the devastating effect Patrick’s death has had on the family.“It was the best of times and the worst of times. CJ brings a lot of happiness into our lives. We are grateful to have this sorted now,” he said.Fionn Bohane and Joanne Duggan had sued the HSE over the death of their son, Patrick.The HSE and Cork University Maternity Hospital, in a letter read to the High Court, apologised “for the circumstances surrounding Patrick’s birth and for the profound sadness and distress that you have endured”.“On behalf of Cork University Maternity Hospital we wish to extend our heartfelt sympathies to you and your family on the tragic loss of your baby, Patrick. Please be assured that we do not underestimate the impact of this loss on you and your family,” the letter read. In Fionn Bohane’s proceedings against the HSE it was claimed there was an alleged failure to treat their case as an emergency when they knew or ought to have known it was a high-risk multiple pregnancy.There was, it was further contended, an alleged failure to diagnose or treat the symptoms of HELLP syndrome or pre-eclampsia in a timely manner.It was further claimed that Fionn Bohane had been allegedly prevented from accompanying his partner into the hospital when it was an emergency situation. All of the claims were denied.Noting the settlements and the division of the €35,000 mental distress statutory payment, Coffey said it was an unusual and poignant case and he extended his deepest sympathy to the family on their loss.