Two legal cases which allege that an unborn baby was wrongly diagnosed with a life-limiting abnormality leading to a decision to undergo abortion are currently ongoing with the State Claims Agency, parliamentary questions have revealed.
The “shocking but unsurprising” revelation comes as support groups and TDs say that the government refused to listen to calls to review the abortion law in the wake of the Baby Christopher case where the High Court heard that a perfectly healthy baby was incorrectly diagnosed with a life-limiting condition in the National Maternity Hospital, and aborted at 16 weeks after his parents were told there was “no hope.”
The 2018 abortion legislation allows abortion to take place through all nine months of pregnancy term limits if the baby is believed to have a life-limiting condition that means the child might not live for more than 28 days after birth.
Within three months of the legislation being passed, the “catastrophic error” at the National Maternity Hospital in regard to Baby Christopher occurred. However, the government’s abortion review did not seek an inquiry into the case, or into possible concerns around the culture in maternity hospitals which might have been a factor in the abortion of a healthy baby after a misdiagnosis.
No details are available regarding the two cases currently with the State Claims Agency – but Health Minister Jennifer Carroll MacNeill confirmed to TDs that the claims regarding wrongful diagnosis were lodged.
TDs Carol Nolan and Peadar Tóibín asked the Minister for Health about the number of persons who are taking or have taken cases against the State alleging that their unborn baby was wrongfully diagnosed and subsequently aborted.
In a written response, the Minister said that: “The State Claims Agency has two ongoing claims from persons alleging that their unborn baby was wrongfully diagnosed with a condition sufficient to bring them within the scope of the Health Regulation of Termination of Pregnancy Act 2018″.
“It is inappropriate to provide the years of claims, as to do so could have the effect of identifying individual cases,” the minister added.
Vicky Wall of Every Life Counts, a support network for families where an unborn baby has been diagnosed with a life-limiting condition, has urged a full review of how the culture in maternity hospitals might be pushing parents towards abortion.
“This is a travesty – and most Irish people would be appalled if they knew this keeps happening. It is almost unbelievable that we are hearing of two more babies that have been aborted in this way,” she said. “Where is the inquiry, and the media headlines? Why isn’t the HSE and the Minister being held to account.”
“It appears the government – just like the Abortion Review they ordered – is ignoring these devastating, catastrophic outcomes,” she said.
“During the abortion referendum, along with other families who had been through negative experiences after receiving a poor diagnosis, we repeatedly asked Minister Simon Harris for a meeting to raise our very genuine fears that families would be pressured or pushed into abortion if safeguards were not put in place. We were ignored, and parents who raised their experience of being pressured towards abortion even when the 8th was in place were often treated snidely or talked down,” she said. “In that regard these cases are shocking but not surprising”.
“Barely three months into the new regime, our worst fears were realised. Baby Christopher’s family say they never raised the issue of abortion, and that they were advised to have an abortion. We were told, and voters were assured, that this would never happen. Now it keeps happening”.
“Now we know that are at least two more case where a family has lost their baby to abortion in the same way,” she said.
“It’s just heartbreaking – and its like babies who have a severe disability don’t matter, even when the diagnosis is wrong, they are just seen as collateral damage,” she said
Independent TD Carol Nolan said: “This is the terrifying and heartbreaking reality of abortion. The innocent will always suffer. But where is the outrage? Where is the compassion from Government as its barbaric regime of abortion is exposed yet again. We must ensure that this kind of tragic incident is entirely eliminated.”
She said that the reality of what was happening under the abortion law was being swept under the carpet.
Peadar Tóibin of Aontú told the Independent that he was calling on the minister “to examine all notifications of abortions she has received – as mandated under section 20 of the Act – to ensure that the law is being adhered to. It is extremely worrying to learn that there are multiple cases of abortion following misdiagnosis”.
He said that he feared that other devastating cases might arise “if there is no accountability”.
The HSE says that during pregnancy, screening tests were routinely offered, including blood tests and a ‘foetal anatomy’ scan – and that if screening indicates a ‘high risk’ the mother will be referred for more detailed tests.
Non-invasive prenatal testing are not routinely offered as part of free public maternity services. Sometimes false positive and false negative results can happen, the HSE acknowledges.
Sandra Parda of the Life Institute said that Minister Carroll MacNeill needed to “do the right thing by the families who have been misled into having an abortion causing the devastating loss of their baby and put a full inquiry in place which would lead to a thorough review of the checks and balances in the hospitals and the law.”