THE family of a baby who died following his birth at Midland Regional Hospital - but who was recorded as a stillbirth - have settled their legal action against the HSE.
Mark and Roisin Molloy, who have four sons, sued for emotional suffering and distress as a result of the death of baby Mark two years ago.
Mark's death, and the deaths of three other babies at the Midland Regional, led to a Prime Time programme and an investigation by the Health Information and Quality Authority into the safety, quality and standards of maternity service at the Portlaoise hospital.
A report earlier this year by chief medical officer Tony Holohan into the deaths of four babies at the hospital between 2006 and 2012 found the maternity unit was unsafe.
He also found babies and their families were treated in a poor and at times appalling manner, with limited respect, kindness and consideration.
In the High Court yesterday, Mr Justice Kevin Cross was told the Molloys' case for damages had been settled and the judge approved the settlement, the details of which are confidential.
Outside court, the Molloys said their son's legacy, and that of other babies who died, would be if a new system requiring legal duty of open disclosure for all health care professionals is introduced.
"They utterly failed in their duty to Mark, and to us as parents," Mark Molloy senior said.
He said government ministers had given a commitment to start the process of the introduction of legal duty of open disclosure for all health care professionals in the country.
"Judging from what we have learned over the last three years and our experience in communication with the HSE, this has got to be the only way forward. And I would call on Health Minister Leo Varadkar and Justice Minister Frances Fitzgerald to continue that work immediately."
Roisin and Mark Molloy, of Castlebrack, Killeigh, Co Offaly, had sued the HSE as a result of the death of Mark after he was born alive on January 24, 2012.
He was delivered by caesarean section at 9.31am and weighed 3.89kgs but was in a poor condition.
He was born alive and suffered a neonatal death but the HSE, the Molloys claimed, recorded the death as a stillbirth in the health care record.
There was, it was alleged, a failure to ensure baby Mark was born earlier and by 7.30am at the latest.
The Molloys claimed Mark's death was caused by the negligence and breach of duty aggravated by the conduct of the HSE in relation to the recorded status of the baby's death and the manner in which the Molloys' enquiries and complaints were dealt with.