The parents of a newborn baby, who died “gasping for breath” over a 13-hour period after doctors withdrew care, have filed an action before the high court in Ireland.

Tia Habib, 31, and Robert Coyne, 39, of Derravaragh Abbey in Co Westmeath, sued the Health Service Executive (HSE) for damages, Independent.ie reported. The family alleged medical negligence and breach of duty regarding the circumstances surrounding the birth and death of their son.

The child, identified as Jack Coyne, was born in the Midland Regional Hospital in Mullingar in September 2016.

During the court hearing, the couple's counsel, Declan Doyle, said the baby died in his mother’s arms after the “most harrowing 13 hours,” where the infant was “gasping for breath,” following the withdrawal of care. The counsel told the court that expert evidence revealed the baby was born with a “very significant” loss of blood, and added a blood transfusion should have taken place within a few minutes of his birth.

The counsel claimed the baby would have survived if the blood transfusion had taken place promptly.

Initially, the HSE denied all the claims against them. But, recently, they accepted a blood transfusion should have been administered to the baby following delivery. However, the HSE denied this would have had a “causative impact upon the outcome.”

The baby was born by a C-Section on Sept. 23, 2016. A cardiotocography on the fetus allegedly found a fleeting deceleration of the baby’s heartbeat. It was later difficult to identify the heart rate, according to the Irish Examiner. When the baby was born, he was said to be pale, limp with no heart rate and with the umbilical cord around his neck. Despite a spontaneous heart rate noted at 10 minutes, the baby remained hypotonic, pale and had no respiratory effort, it was allegedly noted.

The doctors from the National Maternity Hospital advised the baby must not be transferred there as the newborn would have suffered a cardiac arrest before reaching the facility. The hospital allegedly withdrew the care, and the baby survived for 13 more hours.

The family claimed the incident has given rise to nervous shock and shock-induced injuries. The effects have been “devastating” on Habib and Coyne, whose mental health have severely suffered, according to the Irish Examiner.

The case is to return before Justice Mary Gearty on Friday.

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