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Irish Times News—Court Report
On a crisp autumn evening, a small crowd begins to form outside High Court buildings in central Dublin.
There is a mix of people present—some holding signs offering their support of or displeasure with the involved parties, others paying devoted attention to the media crews getting set up in front of the building.
The electricity in the air mirrors that of a carnival.
And while the crowd isn’t large—at least not yet—the same cannot be said about the multiple news outlets on site. A mixture of local Irish broadcasters as well as CNN, Sky News, ABC and even representatives from the Huffington Post are all present in anticipation as O’Hara v. Cooper, or as the international media has dubbed it, Vaccination on Trial, makes it to the courtroom.
In the months leading up to this day, ever since poor Rosie O’Hara contracted measles and developed subsequent complications that impacted the rest of her life, the attention on the O’Hara v. Cooper case has grown from being a regional interest piece alone to that of an international controversy.
And the debate grows ever heated.
The peanut gallery continues to debate the issue. Some believe that it would be wise for Kate O’Hara to drop the case. Here is a single mother—a widow—now faced with the reality of a special-needs child, all because of another parent’s willful negligence and, more important, their voluntary decision not to vaccinate their children. No, concerned health commentators agree, Ms. O’Hara should press on with the issue. It is her right.
Others believe Kate O’Hara is being ridiculous. It isn’t the Coopers’ fault that her daughter became so ill. And haven’t they been through enough, too? Their own daughter was infected and they themselves have been dragged relentlessly through the coals of public opinion. This is just a shameless money grab on behalf of Kate O’Hara. Frankly, the woman should be ashamed of herself for trying to capitalize on her daughter’s condition.
But the hysteria surrounding this case doesn’t start or end with just the lawsuit. The public has also been scrutinizing every aspect of both families’ lives. What kind of house does Madeleine Cooper live in compared to Kate O’Hara? What is the Coopers’ marriage like? Are their kids good students, or are they troublemakers? Isn’t Madeleine Cooper a self-confessed bad mother? When did Kate O’Hara’s husband pass away? And what exactly is going on with her and her solicitor?
Speculation abounds, and it appears that everyone has an opinion on who is right and who is wrong. Online, Madeleine Cooper’s blog’s traffic spikes to immense heights, and she sees a drastic increase to her social media following. Moreover, a Facebook page has been launched in Rosie O’Hara’s honor—Justice for Rosie—and today alone it has attracted over 10,000 followers.
Passionate anti-vaccination proponents focus on helping the Coopers with their ever-mounting legal bills, while, on the other side, Kate O’Hara’s loyal following of concerned and outraged parents pitch in to help her cope with day-to-day living expenses. However, while the funds continue to grow, neither family has claimed any of the money.
The online debate for and against vaccination continues to rage. The Health Service appeals for calm, and, following increased public concerns re the MMR vaccination and a corresponding decline in uptake rates, the Health Minister is believed to have put pressure on the courts system to expedite the O’Hara v. Cooper trial date in the interest of public safety.
Suddenly, a black car pulls up slowly in front of the court buildings.
When the crowd realizes that Kate O’Hara and Declan Roe have arrived, a chorus of cheers (and even a few boos) echoes around the concrete plaza. Looking pale as she takes in the commotion, Kate O’Hara turns worried eyes toward her solicitor, who says something in response as he pats her back. She then allows her arm to be taken by his young female assistant. The trio rush through the throng of people and into the courthouse without muttering a word.
Further excitement then ripples through the crowd as another black car pulls up. This time, Madeleine and Tom Cooper emerge, along with their children and legal team. They walk briskly toward the doors of the court building, following the same path as the plaintiffs moments before.
The only difference is that Mrs. Cooper mouths a silent “thank you” as she catches the eye of an anti-vaxx supporter—a woman who yells, “It’s your choice, Madeleine! Defend your choice!”
After that, Madeleine Cooper grasps her children’s hands tighter and forges on, entering the bowels of the building.
* * *
As Madeleine walked into the courtroom, she felt as if every fiber of her being was on high alert. She had been shocked by what had waited for them outside.
While of course she knew (all too well) that this trial would attract plenty of interest, she hadn’t expected so much media, nor had she been prepared for the crowd of onlookers, and the signs. Looking down at Clara and Jake, she hoped that they had been too overcome with sensory overload to actually read or understand the nasty messages on some of the signs people had been holding. Some had been mean, offensive and downright vulgar—and she knew they had made a mistake in bringing the children with them.
But right from the get-go, Matt Townsend and the legal team had suggested that Clara and Jake should accompany them at trial. Tom had agreed, though Madeleine was horrified—even when Matt had explained his reasoning to her. “It will humanize you as parents.”
“Humanize us? We are humans! Ordinary people! This is absolutely ridiculous!” she had argued. But the men had insisted it was the best move. Bringing the kids illustrated their close dynamic as a family. It could...would...show their bond.
But Madeleine didn’t agree.
Especially now as she walked into the expansive courtroom and worked to get her bearings. She recalled her initial reaction to the idea—it felt sleazy. Like she was using her own children as some sort of prop—pawns, even. Her stomach churned at the thought. It was like those women on reality shows, soap operas or in movies who towed their children along to divorce hearings, trying to get more money out of their soon-to-be ex-spouses. Today it looked like she and Tom were the ones working every angle to keep their money from Kate O’Hara.
“This is all wrong,” she muttered under her breath.
“What did you say, Mum?” asked Jake, looking up at her. He was doing his best to wrangle free from holding her hand, but she grasped it tighter because she had just spotted Kate, who was already seated on the other side.
She was conferring with her solicitor, and the pair had their heads pressed close together. Sensing another set of eyes on her, Kate suddenly turned and met Madeleine’s gaze. Neither woman’s expression changed; they simply seemed to study each other for a brief moment before Kate turned back to Declan Roe.
Madeleine followed Tom’s lead down the aisle of the room. She settled the children in the bench behind the defendants’ table, both set up with an iPad chock-full of games (sound turned off) and took her seat next to her husband. No doubt the public would see this as yet more proof of her failings as a parent, but the reality was all this would be deathly boring for Jake and Clara and it wasn’t as if they could read with all the background chatter. Screw it, after months upon months of endless recrimination, there was little else they could say about her now.
She didn’t look in Kate’s direction again.
“Mum?” asked Clara from behind her. “Mum? Can I sit up there?”
Turning to meet her daughter’s eyes, Madeleine realized that the courtroom was already practically full with onlookers and media. Glancing briefly to her left, she saw Christine Campbell sitting in the bench behind Kate and Declan, eyes locked on her. Madeleine tried her hardest to keep a neutral expression and ignore the look of judgment that woman seemed to wear permanently when it came to her family. She no longer wondered what she thought and definitely didn’t care. The mere fact that Kate’s solicitor was Christine’s cousin was enough. She didn’t need a red pen to connect the dots.
“Honey, no, you have to sit back there. What did I tell you before?” she answered kindly. “There isn’t enough room at this table for you, and Dad and I have to sit up here.”
Clara’s brow furrowed as she seemed to digest this, and then she threw an interested glance in Kate’s direction. “Is that Rosie’s mum?”
Moistening her lips, Madeleine replied, “Yes, that’s Rosie’s mum.” She hoped her voice, and Clara’s, was low enough. She didn’t want Kate to overhear.
“Is Rosie going to be here, too?” her daughter asked hopefully.
Madeleine took a deep breath. She wasn’t sure that Clara really understood everything that was going on today. She and Tom had explained to both of the kids that there was an argument of sorts happening because of the fact that both she and Rosie had measles, but she also knew that the intricacies involving such a matter were beyond their comprehension. Hell, the whole thing was still beyond Madeleine’s comprehension and she guessed her daughter was wondering if her classmate was going to be there in the hope of her scoring a playmate in order to break up what would surely be monotonous grown-up stuff.
Wishing again that she hadn’t been duped into bringing the kids, Madeleine answered, “No, honey, Rosie won’t be here.” She didn’t elaborate any further.
But little Rosie O’Hara was in no condition to be here in the courtroom. Madeleine was relieved when she’d heard late last year that Rosie had finally been discharged from hospital. But she also knew that the little girl was receiving ongoing care and that Kate needed the help of a rehabilitation nurse at home.
It was a horrific situation and she felt so sorry for what had happened, but were she and Tom really and truly responsible for all that? She still didn’t think so, but thankfully, she hadn’t been in Kate’s situation, so she had no idea how she would feel.
There but for the grace of God...
In any event, Madeleine couldn’t help but imagine what the presence of a disabled six-year-old in a wheelchair would do to the judge—and their case.
Hopefully, Kate’s solicitor had some class and wasn’t planning on taking a page out of the Matt Townsend legal playbook.
“Oh,” said Clara, digesting this information and taking a glance around at the other people on the nearby benches. “Are there going to be any other kids here?”
Madeleine started to shake her head in the negative when Jake interrupted. “Mum, when is this going to start? How long is this going to take?”
She looked across at Tom and Matt, who were in deep conversation with Michael McGuinness, the barrister who would be representing their side in court throughout the trial. Her husband seemed completely unaware of what they would be dealing with having the kids present, and she felt annoyed afresh. Right, it was supposed to “humanize” them—except for the fact that Jake and Clara were going to be bored, fidgety and wishing that they were anywhere but here.
And if they started acting up, how was Madeleine supposed to deal with them effectively without making a show of herself? Especially when all eyes would be on her, and the reason she and Tom were here in the first place was because of their apparently monstrous parental skills...
Smiling tightly, she did her best to keep an easy expression on her face. “It should be starting shortly, OK, hon?” Jake rolled his eyes. “And I’ll make you a deal. If you can get through this morning, and just play on your iPad and be quiet, we can go to the toy shop later, and you can pick anything you want.”
Jake’s eyes glittered. “Anything?” He was waiting for her to put a monetary stipulation on the deal.
“Up to twenty euro.”
“Fifty,” said Jake.
Madeleine quickly rubbed her right temple. She could feel a headache blossoming behind her eye. Reasoning with her son was like negotiating with a terrorist.
“OK, thirty,” she countered and, despite herself, her mind automatically jumped to her now-defunct Mad Mum blog. Back in the day, this would have been perfect fodder for a column. How to Keep Your Kids Quiet in Court.
But, she thought sadly, those days were long gone.
“Deal.” Jake gave her a thumbs-up.
“Good. Now hush.” She looked over her shoulder. The bailiff had just entered the room, which meant that the judge would be close behind. She placed a finger over her lips and met the eyes of both her children, urging them to busy themselves with their electronics. Then she turned back to face the front of the courtroom. The bailiff cleared his throat and Madeleine felt herself do the same.
Eighteen months of drama, heartbreak, soul-searching and legal preparation had led to this moment.
The trial was beginning.