An expectant mother has lost a High Court action challenging the HSE’s refusal to facilitate a home birth for the delivery of her second child.
Aja Teehan told around 30 supporters who rallied for today’s ruling that she feels she has let them down, but that she is also proud of what they have achieved.
The university lecturer is 31 weeks pregnant and had hoped to give birth to her second child at home in Thomastown, Co. Kilkenny this October, with the help of a midwife.
But the HSE refused to facilitate the homebirth because her first child was delivered by caesarean section, 6 years ago, and this creates a risk of uterine rupture in subsequent births.
Aja Teehan came to court arguing that the policy is too inflexible, especially as she is fit and a medical report shows that the risk of rupture in her case is minimal.
Aja & her husband Charles Brand leave court
But Ms. Justice Iseult O’Malley has ruled that the HSE’s approach is reasonable given the potential consequences of uterine rupture.
She has found ‘the issue of insurance is at the heart of the problem’ and that Aja Teehan is not entitled to compel the HSE to accept liability for a risk it does not believe is justifiable.
The judge notes ‘all medical practitioners are aware that if something does go wrong in childbirth, the consequences may be, not only immensely tragic in human terms but also extremely expensive in financial terms’.
Supporters burst into applause as Aja Teehan left the High Court with her husband Charles Brand.
She told them that an appeal to the Supreme Court would double the costs and unless the community can give assistance it will be her family that will have to bear the expense.
However a decision on an appeal is expected this afternoon.
Speaking outside court, Aja Teehan said she was disappointed at the ruling.
Listen to Aja Teehan speak in-depth about the decision on Newstalk Lunchtime
Pictured above: Aja Teehan & husband Charles Brand