Bereaved Tipperary couple call on HSE to learn lessons from tragedy

A Clonmel family who suffered unimaginable grief with the loss of their son at birth has appealed to the HSE to learn lessons from the tragedy.

A medical negligence case arising from the death of Freddie at Tipperary University Hospital, son of Luke Kelly and Sinead O’Donnell, was settled with an admission of liability in the High Court.

The High Court was told of unacceptable failures in care during the course of Freddie’s labour and delivery.

A formal apology issued by the Manager of Tipperary University Hospital, Maria Barry, was read out in the High Court.

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In the apology to the Clonmel couple, Ms Barry said: “On behalf of the staff and management of Tipperary University Hospital, I wish to sincerely apologise for shortfalls in care that led to the stillbirth of your son Freddie. We understand that neither this nor financial compensation can undo the continuing heartache and appreciate that this continues to be a difficult time for you both.”

Following the High Court settlement and admission of liability in the medical negligence case Sinead O’Donnell said she hoped the HSE would learn lessons from the tragedy.

“There were a couple of shortfalls, more than one error was made in the hospital.
“Nothing can be done to bring Freddie back but one of the reasons we took the case was to see if the HSE can learn lessons from what happened to Freddie and take action to save other families from going through this awful trauma,” said Sinead.
“It was my first baby. You don’t know what is right and what is wrong, you just trust the people in the hospital to do their job.
“If we can save one family from going through this, that would be the best outcome,” said Sinead.

“Mothers deserve better. The HSE has to look at the shortfalls in this case and fix them,” insisted Sinead.
Luke Kelly, Freddie’s father, said they were relieved now that the case was over.

“It was important for us that the HSE made an apology and admitted liability.
“It was a pity it took them so long to do that. We have been waiting nearly five years for the HSE to come up with a few sentences, it should have been done quicker,” said Luke. “At the time, it was our gut instinct in the hospital that attention to care could have been a lot better.

“We knew it was not right,” he said.
“The court case is over now but we will always have the loss of Freddie to cope with, it’s never over for us,” said Luke.
The medical negligence case arising from the death of baby Freddie Kelly at Tipperary University Hospital, Clonmel, was settled with an admission of liability in the High Court on Wednesday, January 28.
The legal proceedings were taken by Freddie’s parents, Sinead O’Donnell and Luke Kelly, against the Health Service Executive (HSE) in respect of unacceptable failures in care during the course of Freddie’s labour and delivery at Tipperary University Hospital.

In the High Court, the HSE admitted liability in full.
In particular, the HSE admitted a breach of duty in respect of the care provided during the birth of Freddie, both in the response to the cardiotocograph (CTG) monitoring and in the provision of obstetric review.

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The HSE further accepted that these failures in care caused the loss of Freddie.
The case arose from events in July 2021, when Freddie’s mother, Sinead, attended Tipperary University Hospital in labour with Freddie, her first child. During the course of labour, CTG monitoring demonstrated features indicative of fetal distress.
Despite these warning signs, there was an unacceptable delay in obstetric review and intervention.

By the time an emergency Caesarean section was ultimately performed, Freddie had suffered profound hypoxia and, despite the efforts of the medical team following his delivery, he could not be resuscitated.
The settlement brings to an end High Court proceedings taken by Freddie’s parents, who sought accountability for the failures in care that resulted in the death of their son.

“ The admission of liability and the apology delivered represent a formal acknowledgment by the HSE that the standard of care provided at Tipperary University Hospital fell below that which was required and expected of an obstetric team delivering a baby.

“The case highlights the critical importance of timely recognition and response to signs of fetal distress during labour, and the potentially catastrophic consequences when such signs are not acted upon promptly.

“ For Sinead and Luke, the settlement marks the conclusion of a long and difficult legal process, but the loss of their son Freddie remains a profound and enduring tragedy,” said Siobhan Ryan of Cian O’Carroll Solicitors who represented the family in the proceedings.