The standard of healthcare in Ireland is, fortunately, very high. However, when failures arise, the consequences can be devastating for patients and for their families.

Brigid O’Donnell Solicitors recently represented the mother of a baby who died at 16 weeks due to errors relating to diagnosis and treatment of E. Coli Meningitis at University Maternity Hospital Limerick. Liability was fully contested.

However, following mediation, a settlement was reached in favour of our client and her baby’s dependents. An apology was read to the Court by Dr John O’Mahony, Senior Counsel, with Doireann O’Mahony, BL, whereby Mr Ian Carter, CEO of HSE Acute Services, accepted a breach in the duty of care owed to our client’s baby resulting in delayed diagnosis with devastating consequences. While no level of compensation, or apology, would ever be sufficient to compensate for the loss of our client’s beloved baby, it was so important to her that the HSE took accountability for her devastating loss.

Chronology of events

Our client’s baby was born on the 7 January 2021 at University Maternity Hospital Limerick. While he was born prematurely, he was  healthy and well.  However, at two weeks old, his condition deteriorated. Blood cultures and a lumbar puncture puncture confirmed E.Coli meningitis. He was commenced on broad spectrum antibiotics. While blood cultures were repeated prior to cessation of antibiotics, the lumbar puncture was not repeated. In some cases, it is appropriate to repeat only blood cultures, but in this case, our client’s baby continued to demonstrate signs of infection; specifically fever, lowered heartbeat and decrease in blood oxygen levels. His mum recalled that his skin was mottled.

On the night of the 18th February, shortly before her baby was due to be discharged home from hospital, our client noted that he seemed unwell. He was very unsettled when she was feeding him. He seemed uncomfortable. It transpired that he had suffered a relapse of E. Coli meningitis due to the fact that the infection had only been partially treated on the first occasion. Later that night, he became acutely unwell spiking a temperature and demonstrating signs of sepsis. Staff at the hospital were not alert to the fact that he was demonstrating signs of neonatal sepsis and there was a delay in commencement of antibiotics.

As a result, our client’s baby suffered catastrophic brain damage and died in his mother’s arms at just 16 weeks old.

What are the signs of Sepsis in babies?

• Low temperature or fever
• Poor feeding
• Fast breathing/difficulty breathing
• Unsettled, appears in pain
• Skin that is pale, mottled, or discoloured
• Difficult to wake
• Seizures
• A bulging soft spot on baby’s head

How did Medical Negligence arise in this case?

Medical negligence occurs when a medical practitioner fails to meet the standard of care expected in their profession, resulting in injury to the patient.

• In this particular case, expert evidence concluded that the failure to repeat a lumbar puncture where the baby demonstrated persistent signs of infection was a breach of duty which led to the infection being only partially treated and resulting in relapse. Had the lumbar puncture been repeated in January, the fact that sterility had not been achieved would, on the balance of probabilities, have been identified and antibiotic dosage would have been altered to achieve sterility and relapse would have been avoided.
• On the 18th February, our expert concluded there was a failure to recognise both signs and symptoms of relapse of E.Coli meningitis and Neonatal Sepsis.
• Delay in administration of antibiotics- Evidence shows that each hour delay in commencement of antibiotics increases the risk of mortality by 8-9% in cases of Neonatal Sepsis.

Impact of Delayed Diagnosis

The delay in diagnosis and treatment of Neonatal Sepsis had catastrophic consequences for my client’s baby, resulting in catastrophic brain injury and death at just 16 weeks old.

Time is critical in medical negligence cases. The general rule is that claims must be initiated within two years from the date of knowledge of the injury. This doesn’t necessarily mean the date the negligence occurred, but rather when the patient became aware – or ought to have become aware – that an injury resulted from substandard care. In fatal injuries case, such as this one, a claim should be commenced within two years of the death of a loved one.

Media reporting on the case

https://www.irishtimes.com/crime-law/courts/2025/06/26/limerick-hospital-apologises-in-high-court-for-babys-death-at-16-weeks-old/#:~:text=Limerick%20hospital%20apologises%20in%20High,weeks%20old%20%E2%80%93%20The%20Irish%20Times

https://www.breakingnews.ie/ireland/university-maternity-hospital-limerick-apologises-to-mother-of-baby-who-died-1777718.html?fbclid=IwY2xjawNDQr5leHRuA2FlbQIxMQBicmlkETBpRWpsMm5TV3FOdGpJSTNGAR6gbeawDUngziRf413Ho9AVQclVhXwxVErxdC5Ln2u_mkLH60dFGoaPd8t15g_aem_nbDfdErUxiqALmAPePTUCQ

How We Can Help?

Brigid O’Donnell, Solicitor, a native of Cashel, with offices in Clonmel, Co. Tipperary and Cork City, has extensive experience representing clients in complex medical negligence claims, including those involving medical negligence arising in the context of Sepsis diagnosis and treatment.  She has access to leading medical experts to investigate whether patients have suffered injury due to failures of care. She has experience negotiating fair and appropriate compensation, often through mediation, for affected patients and for their families. She also has experience in conducting and winning trials to secure compensation for clients and for their families.

She understands how stressful these cases can be, and she works hard to provide support, discretion, and clarity every step of the way.