Baby death report quashed

Seamus Enright and Ray Managh

A High Court judge has quashed the findings of a HSE report into the death of a baby boy following childbirth at Cavan General Hospital in November 2012, with agreement from the HSE that a new investigation into the incident will now take place.
Justice Kevin Cross at the High Court yesterday (Tuesday), September 2, granted three orders in reponse to the application by Dr Salah Abdel-Aziz Ahmed, consultant obstetrician at the hospital.
Last month Dr Aziz secured an interim injunction banning any further dissemination or publication by the HSE of an external report into the tragic death of the baby on November 22, 2012.
Judge Cross ordered that a permanent injunction be placed restraining publication of the report, a copy of which had already been given to the Francis Flynn and Fiona Watters from Navan, the parents of baby Jamie Flynn who died.
He also made an order quashing the findings and recommendations of the external report, which was carried out by a team from the National Maternity Hospital in Dublin.
The third order by Judge Cross was to direct that the HSE pay the costs of the complete proceedings.
Judge Cross was told by counsel representing Dr Aziz that their client was “delighted his position had been vindicated completely”.
An earlier inquest into the death of baby Jamie heard that Dr Salah Aziz had delayed an emergency caesarean section because there was no available nursing staff to man the operating theatre at the time.
Baby Jamie’s death was one of three to have occurred at Cavan General Hospital over a two-year period, and prior to leaving office, former Minister for Health James Reilly instructed the State’s health watchdog HIQA to undertake a review of maternity services at the hospital.

Unanswered questions
Sinn Féin Health spokesperson Caoimhghín Ó Caoláin TD has expressed “very serious concern” at the implications of the High Court judgement.
“It compounds the hurt of Jamie’s parents and it leaves many unanswered questions, ' Deputy Ó Caoláin said.
“Almost two years on from the loss of Jamie Flynn in November 2012 we do not have published findings on what occurred in Cavan General Hospital and we do not have published recommendations on what needs to be done to avoid such tragedies as far as possible.
“The High Court quashed the HSE report on the basis that fair procedures were not followed by the HSE in its investigation. Yet we have no findings and no recommendations with regard to the procedures followed at Cavan General Hospital.

Tragic outcomes
“There have been further tragic outcomes in Cavan General Hospital since Jamie’s death and it is very important for expectant mothers in the region to be assured that all the salient lessons have been learned and acted upon and that the highest standards apply now and will apply in the future.
“For all using these services it is vital that full confidence is restored. The suppression of the HSE report must also be of concern to the wider maternity unit team at Cavan. They too want to ensure that whatever issues are highlighted are addressed thoroughly.
“It is vital that the promised new investigation is independent and thorough and that it reports as quickly as possible.”