Seanad debates

Tuesday, 3 July 2012

5:00 pm

Photo of Mary MoranMary Moran (Labour)
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I thank the Minister of State for attending to allow me to raise the issue of compensation for the patients of the obstetrician, Dr. Michael Neary, who were excluded from the Lourdes hospital, Drogheda, redress scheme in 2007. It was rolled-out to women who suffered unnecessary hysterectomies or removal of ovaries by him.

However, 35 women were excluded from the redress scheme. Some 29 were excluded on age grounds, as anyone over the age of 40 years was excluded, and a further six women, including two who lost children. One lady was excluded because her procedure was delayed by one week and, as a result, it took place three days after her 40th birthday. Lately I spoke to several of these ladies and they are anxious to get closure as soon as possible in order for them to get on with the rest of their lives.

Last February, the Minister for Health, to our absolute delight, committed to carrying out an immediate review for the women who were excluded from the redress scheme. At the time he indicated that the review was at an advanced stage but that was almost six months ago. This evening I raise my concerns for these women and to highlight the fact that five years have passed since the original redress scheme. These women have already suffered once through Dr. Neary's actions. I urge the Minister to ensure that the review is forthcoming as soon as possible in order that these ladies may finally get closure on the dreadful wrong that was done to them. I ask that they are not subjected to further suffering due to a delay by the Government.

The programme for Government commits to finding a mechanism to compensate these women who were excluded on age grounds. We also need to deal with the matter in a sensitive and effective manner. I ask that the review is published as a matter of urgency or that a date be given now on when to expect the review.

As a mother and a former patient of Dr. Neary, I empathise with the situation in which these unfortunate women were subjected. To be denied the opportunity to have children or subjected to early menopause is extremely difficult for any woman. To have these procedures performed on women when they were not clinically necessary, and the resulting strain that has been placed on these women and their families, must be acknowledged for the abomination that it was. I ask the Minister to address the matter urgently.

Photo of Ciarán CannonCiarán Cannon (Galway East, Fine Gael)
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I am taking the Adjournment debate on behalf of my colleague, Deputy James Reilly, Minister for Health. I thank the Senator for giving me an opportunity to outline to the House the steps being taken to address this important matter.

As the Deputy is aware the programme for Government commits to seeking "a mechanism to compensate those women who were excluded on age grounds alone from the Lourdes hospital redress scheme." The Minister is conscious of the distress that has been caused to a number of women and recognises the difficulty that the issue has caused to those affected by it. The Government is committed to dealing with the matter sensitively so that, if at all possible, closure can be brought to those affected.

The Lourdes hospital redress scheme was established following the findings and recommendations contained in the report of the Lourdes hospital inquiry into peripartum hysterectomy which was published in 2006. The inquiry was conducted by Ms Justice Maureen Harding Clark. The inquiry did not extend to a wider examination of Dr. Neary's general practice or the clinical practice of his colleagues. During the inquiry, Ms Justice Harding Clark became aware of certain patients who underwent bilateral oophorectomy procedures, or the removal of their ovaries, which were not clinically necessary. These women lost their ability to reproduce and suffered immediate surgical menopause.

The scheme of redress approved by the Government was a non-statutory, ex-gratia scheme. Awards were determined in 2007 and 2008 by an independent redress board chaired by Ms Justice Harding Clark. The objective of the scheme was to provide compensation to the patients of Dr. Michael Neary who received unnecessary obstetric hysterectomies, that is, hysterectomies carried out in association with pregnancy, and also women under 40 years of age who received unnecessary bilateral oophorectomies. The Department of Health has been engaged in a review aimed at finding a mechanism to compensate those women who were excluded from the original redress scheme on age grounds alone. The review involves taking legal and other advice, including from the Office of the Attorney General, on this sensitive issue and departmental officials have engaged with the Attorney General's office. The Minister is aware of the recent media reports in respect of High Court litigation where sums have been awarded to plaintiffs against the congregation of the Medical Missionaries of Mary for incidents that occurred prior to the State taking over the hospital. In this context, he also understands that litigation is before the courts in respect of two plaintiffs who were patients of Dr. Neary.

My colleague, the Minister, would like to assure the Senator that he is committed to finding a mechanism as soon as possible and that he intends to bring proposals to Government for its consideration of the matter at the earliest opportunity. The Senator can rest assure that the Minister and his Department are aware of the sensitivities associated with the issue and understand the importance of finding a solution that will bring closure for all concerned.

Photo of Mary MoranMary Moran (Labour)
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I thank the Minister of State for his reply. I reiterate my plea for an urgent redress and for a date to be set for a review, preferably before the end of the summer. If we go into September without it the matter will drag on.

Photo of Ciarán CannonCiarán Cannon (Galway East, Fine Gael)
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I will convey the Senator's concerns to the Minister.