Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank Deputy Seamus Kirk for raising the issue. I reply on behalf of the Minister. The programme for Government commits to seeking a mechanism to compensate those women who were excluded on age grounds alone from the Our Lady of Lourdes Hospital redress scheme. The Lourdes hospital redress scheme was established in 2007 following the findings and recommendations contained in the report of the Lourdes hospital inquiry into peripartum hysterectomy, conducted by Ms Justice Maureen Harding Clark. During the inquiry, Ms Justice Harding Clark became aware that there were patients who underwent bilateral oophorectomy procedures which were not clinically necessary. These women lost the ability to reproduce and suffered immediate surgical menopause.

The scheme of redress approved by Government was a non-statutory ex-gratia scheme. Awards were determined in 2007 and 2008 by an independent redress board which was chaired by Ms Justice Harding Clark. The objective of the scheme was to provide compensation to those patients of Dr. Michael Neary who received unnecessary obstetric hysterectomies - that is, hysterectomies carried out in association with pregnancy - and also to women aged under 40 years who received unnecessary bilateral oophorectomies. The inquiry did not extend to a wider examination of Dr. Neary's general practice or the clinical practice of his colleagues.

The Department of Health has been engaged in a review to consider various mechanisms to compensate those women who were excluded from the original redress scheme on age grounds alone. The review has involved taking instructions and legal advice, including advice from the Office of the Attorney General, on this sensitive matter with a view to bringing proposals to Government for a decision. The process is ongoing and it is the Minister for Health's intention that it will be brought to a satisfactory and legally sound conclusion as quickly as possible.

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