The parents sued the HSE over the circumstances of the delivery of their daughter in July 2010 at Limerick Regional Maternity Hospital. The baby girl only lived about six hours after she was born. Mr Justice Kevin Cross was told the HSE had expressed regret to the parents and family in a letter. Denis McCullough SC acting for the family said that all the actions brought before then court had been settled* for a total of €98,000.

The court was told that on admission to the hospital the pregnant mother was assessed by a student midwife and the baby was born at 00.26am but died six hours and 13 minutes later. It was claimed that the baby suffered severe blood loss and that this loss was not detected in a timely manner. It was further claimed that the baby was raised above the level of the placenta to untangle her from the umbilical cord, and the blood loss occurred during the clamping of the umbilical cord. The HSE denied the claims. Counsel stated that there was a dispute about who was present at the time of the birth. Counsel for the parents said that the baby was born in good condition and was well but that she later became floppy and collapsed. The court was told that the HSE had sent a letter to the parents which included a form of expression of regret.

Mr Justice Cross approved the settlement* and sympathised with the parents on their loss.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.