Jury record verdict of misadventure in stillborn death

Jury records verdict of misadventure at baby inquest


Anton McNulty

The Health Service Executive have ordered an independent review into the death of an new-born baby who was delivered by Caesarean section after being admitted following a car accident.
Last week following a three-day inquest, a jury returned a verdict of misadventure into the death of Andrew James Niland who was stillborn when delivered by emergency Caesarean section following a car crash on October 25, 2009. His mother, Lorna Niland of Agloragh, Ballyhaunis was 32 weeks pregnant at the time of the accident and claimed that she had not received sufficient care when she was admitted to Mayo General Hospital.
At the time of the accident she was not wearing a seat belt and was struck by an airbag. She was complaining of pain and there was no foetal movements when she was admitted to the hospital at 12.45pm. Despite being examined on arrival a decision to undergo an emergency delivery was no undertaken until 4.50pm.
Prof Michael Turner, professor of obstetrics and gynaecology at UCD and clinical lead of the HSE’s obstetrics programme, told the inquest the standard of Ms Niland’s care in the maternity department on the afternoon in question was below what he would expect. He said he believed if the Caesarean section had been carried out earlier the stillbirth would have been prevented.
He agreed that a decision had been made in good faith not to intervene by carrying out a section earlier.
The consultant pathologist, Dr Malcolm Little who carried out the post mortem said he believed the cause of death was related in some way to the crash.
He gave the cause of death as: “Fresh stillbirth with evidence of intrauterine asphyxia. Umbilical cord around the neck with minor placental tear. Mother involved in a road traffic accident.”
The jury were told by Mr John O’Dwyer (pictured) that they should consider returning one of four verdicts which were, misadventure, medical misadventure, natural causes or an open verdict.
After the verdict of misadventure was returned, the HSE issued a short statement saying the management and staff of Mayo General Hospital extended their sympathies to the Niland family on their tragic loss.
“In accordance with usual HSE procedure, an independent review will take place and preparations are now being made to facilitate this process,” it said.