Campbell Fitzpatrick Solicitors acted on behalf of Siobhan Desmond in relation to a claim she pursued against the Western Health and Social Care Trust (Altnagelvin Hospital Health and Social Services Trust) arising out of events which occurred in October 2001. Siobhan Desmond was pregnant for the first time and she was 37 years of age. Siobhan Desmond had requested a home delivery. Having gone beyond her due date the Plaintiff was requested to attend for fetal assessment at the hospital. That fetal assessment was carried out on 14th October 2001 when she received an ultrasound scan. She was requested to return for a further ultrasound scan on 17th October. However on 15th October she went into labour and was delivered of a stillborn child on 16th October 2001.
Siobhan Desmond alleged negligence in her care. In particular it was the Plaintiff’s case that she should have been advised, on 14th October 2001 that she should immediately have her labour induced. It was the Plaintiff’s case that whilst the discussion took place concerning the results of the examination, at no point was she informed that it was necessary to have the induction of labour carried out on that particular day. For the Defendant’s part, the Defendant disputed that such advice had not been given. In particular the Defendant argued that the Plaintiff had been advised that as a consequence of the observations recorded at the time of the examination, induction of labour would be advised. There therefore existed a conflict of evidence.
The Plaintiff originally initiated proceedings in association with this shortly after the birth. She transferred proceedings to Campbell Fitzpatrick Solicitors in 2006 and Patrick Mullarkey of this firm then acted on her behalf. We completed the investigation of the case. In particular medical evidence was obtained concerning the effect of the alleged delay in the delivery of the child. It was the Plaintiff’s case that as a consequence of the failure to induce delivery on 14th October 2001, that the fetus was fatally compromised. It was the Plaintiff’s case that had induction of labour taken place on that day then the fetus would have been delivered alive. Pleadings were set down for hearing in October 2010 and came to trial on 9th May 2011. Prior to the commencement of the hearing the parties engaged in negotiations with a view to the settlement of the claim. Ultimately the case settled with a payment of damages to the Plaintiff together with her costs. The case was settled without admission of liability on the part of the Trust.