Barry Andrews (Dún Laoghaire, Fianna Fail)

I will take this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney.

The Lourdes hospital redress scheme was established following an inquiry into peripartum hysterectomies carried out at Our Lady of Lourdes Hospital, Drogheda, which was chaired by Ms Justice Maureen Harding Clark. The inquiry was established by the Government in 2004 following the decision of the Medical Council to remove Michael Neary from the Register of Medical Practitioners after finding him guilty of professional misconduct.

Following the publication of the Lourdes inquiry report in February 2006, Ms Justice Clark was requested by the Government to advise on an appropriate scheme of redress arising from the findings of the report. Ms Justice Clark was also requested to advise on a mechanism for ensuring maximum recoupment from wrongdoers and indemnifiers of any moneys payable under an agreed redress scheme, including the estimated cost of the scheme. Having received Ms Justice Clark's advice, the Minister sought Government approval for the establishment of a non-statutory ex gratia scheme of redress. The Government approved the establishment of the redress scheme and the appointment of Ms Justice Clark on 18 April 2007.

The Lourdes hospital inquiry did not extend to a wider examination of Mr. Neary's general practice or the clinical practice of his colleagues. However, Ms Justice Clark became aware during the course of the inquiry that some patients of Mr. Neary had undergone bilateral oophorectomies - that is, the removal of both ovaries or a single remaining ovary - that may not have been clinically warranted. The inquiry also received medical reports from women who had undergone bilateral oophorectomy with relatively little evidence that the procedures were warranted. Not only did these women lose the ability to reproduce; they also suffered immediate surgical menopause. Ms Justice Clark took advice on a selection of oophorectomy cases involving younger women treated by Mr. Neary. She was advised that while it is sometimes necessary to remove both ovaries in the presence of serious disease, the occasion of such a radical procedure is not common. This led her to conclude that unwarranted oophorectomies performed by Mr. Neary on women aged under 40 be included within the scope of the redress scheme.

The scheme was advertised on 14 June 2007. The scheme was intended for former patients of Michael Neary at Our Lady of Lourdes Hospital, Drogheda, who had undergone an unplanned obstetric hysterectomy which in the opinion of a consultant obstetrician was medically unwarranted or an unplanned bilateral oophorectomy which in the opinion of a consultant obstetrician was medically unwarranted. The scheme did not include former patients of Mr. Neary who had been already compensated, those whose operations were medically warranted, or those who had agreed in advance to any of the outlined procedures to be performed on an elective basis. Also excluded were patients aged 40 or over who had undergone an unnecessary bilateral oophorectomy or removal of a remaining single functioning ovary and who were deceased, or their next of kin.

The Lourdes hospital redress board, chaired by Ms Justice Clark, concluded its work at the end of 2008, and all awards determined have been notified to successful applicants. The Government has been briefed on the work of the redress board. The Minister considers that the redress scheme, approved by the Government on the advice of Ms Justice Clark, represents a reasonable response to the findings of the Lourdes hospital inquiry in all of the circumstances. The Minister hopes the work of the redress scheme has helped to alleviate the distress for the women involved.

In a number of cases, details of former patients of Mr. Neary were forwarded by the Department to the State Claims Agency for their consideration with the agreement of the Minister. A patient advocacy group which represents a number of former patients of Mr. Neary sought an extension of the scheme to cover other categories of patient treated by Mr. Neary. The Minister gave due consideration to the request and consulted with Ms Justice Clark, who advised against an extension. The Minister decided against an extension of the scheme and this was publicly communicated in November 2008.

It is not possible to reopen the scheme at this stage.

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