A letter of apology will be sent by the Health Service Executive to the parents of a newborn baby who died after his birth in 2020.
At the High Court, Emma Cosgrove and Kevin Dixon, of Ballincollig, Co Cork, settled a legal action over the death of their baby boy Kyle.
Senior Counsel Bruce Antoniotti told the court that the case had settled after mediation and it had been agreed a letter of apology would be sent by the HSE to Kyle’s parents.
The details of the settlement are confidential and the case was before the court for the division of the €35,000 statutory sum for mental distress.
Two weeks ago a verdict of medical misadventure was returned in the death of baby Kyle and Cork City Coroner’s Court found he died shortly after his birth from a lack of oxygen to the brain.
Ms Cosgrove and Mr Dixon had sued the HSE over the death of their son.
The court was told Kyle was born in poor condition with the umbilical cord around his neck at 1.27pm on 9 September 2020.
He was noted to take one weak gasp with no further respiratory effort. Chest compressions were started at one minute old and resuscitation also started. At four minutes of age a heart rate was recorded but his heart later stopped and he was pronounced dead at 2.45pm.
In the proceedings, it was claimed that the HSE commissioned a serious reportable event review following baby Kyle’s death and a report of his care while in hospital.
It was claimed that a number of failures in the care provided were identified including a failure to properly manage and monitor the labour, delivery and birth of the baby or to recognise or respond to foetal distress.
It was further claimed there was a failure to have an emergency caesarean section on time. Liability was admitted in the case.
Mr Justice Paul Coffey extended his deepest sympathy to the Cosgrove Dixon families.
