Boy (4) who cannot walk or talk settles case over birth with €3.5 million interim payout

High Court reporters

A 4-year-old boy who cannot walk or talk, who sued over the circumstances of his birth at Cork University Maternity Hospital, has settled a High Court action with a €3.5 million interim payout.

CJ Bohane was one of twins born at the hospital on January 21st, 2021, but his twin brother, Baby Patrick died the next day in his father’s arms.

CJ’s mother, Joanne Duggan of Ringaskiddy, Co Cork, outside the Four Courts, said the day she gave birth to their twin boys should have been the happiest day of their lives. Flanked by her partner, Fionn Bohane, she said “Unfortunately it was the worst.”

“Sadly, one was 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.

CJ’s counsel, Oonah McCrann SC, instructed by Cantillons Solicitors, told the court it was an unspeakable tragedy for the family.

Counsel said it was their case that a diagnosis of HELLP syndrome – which is a rare pregnancy complication that affects the blood and liver - should have been made and a caesarean section carried out. She 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 thirty minutes earlier, it would have been a good outcome.

Counsel said it was their case that the symptoms of HELLP went “undiagnosed and ignored” and the mother suffered a haemorrhage as a result of the HELLP  and lost half of her blood volume into the abdominal cavity. One of the twins, Baby Patrick, Counsel said was on life support after birth and died in his father’s arms the next day.

CJ, Counsel said, has cerebral palsy, cannot walk or talk and has complex care needs.

CJ Bohane had, through his mother Joanne Duggan, sued the HSE over the circumstances of his birth at Cork University Maternity Hospital.

In the proceedings, it was claimed that CJ was born on January 21st, 2021, by emergency caesarean section, and he was allegedly caused to suffer severe hypoxic ischaemic encephalopathy and has been diagnosed with cerebral palsy.

It was claimed there was an alleged failure to recognise the mother’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.

It was also an alleged failure to treat it as an emergency case 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 promptly.

All of the claims were denied.

The court heard that the settlement had been 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 the little boy’s future care needs. Two other actions brought by the twins’ parents have been adjourned.

Outside the court, Ms Duggan  said their son 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.

"The last four and a half 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 the settlement “means everything". She said they can now get the therapy he needs, with the first plan to bring CJ on holiday.