Written answers

Tuesday, 27 September 2016

Department of Health

Lourdes Hospital Redress Scheme Eligibility

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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548. To ask the Minister for Health if he will meet a group (details supplied) over the failure to be included in a redress scheme; if his attention has been drawn to the case of these persons; and if he will make a statement on the matter. [26471/16]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The original Lourdes Hospital Redress Board was set up in 2007 as a response to the Lourdes Hospital Inquiry. The objective of the Redress Board was to provide compensation to women who were former patients of Dr. Michael Neary, who had unnecessary obstetric hysterectomies and also to women under 40 years of age who had unnecessary bilateral oophorectomies, i.e. the removal of both ovaries or a remaining single functioning ovary at the time of obstetric hysterectomy, or as a gynaecological procedure. In each case the surgical procedure would have led to early menopause. The Redress Board determined that awards were payable in 119 cases.

Following on from this, the Lourdes Hospital Payment Scheme was established on an independent basis in November 2013 in keeping with a commitment in the Programme for Government to make awards to an estimated 35 women over 40 who had a bilateral oophorectomy, or removal of a single functioning ovary, but whose applications were rejected on age grounds alone by the Redress Board. The Scheme has now concluded and under the Scheme, awards were made to a total of 47 women who met the criteria. Thirty eight applications were refused under the Scheme, because they did not meet the criteria for awards and another 15 applications were withdrawn.

The criteria for eligibility under both Schemes were very clear and unfortunately some of the women who had requested consideration of their cases did not meet the criteria for either Scheme.

My office have no record of a meeting request from the women concerned. However, the former Minister met with Patient Focus during Summer 2015 concerning a small number of women who were represented by Patient Focus, who did not meet the criteria to receive awards under either of the schemes. Following this meeting my officials carefully considered this matter in consultation with the State Claims Agency. Having looked at the cases in question, and the broad range of conditions detailed, despite being sympathetic to the plight of the women, my officials have advised that their procedures were not covered by the terms of the Redress Scheme. It is of course, open to any woman to seek redress or compensation in the normal way should her legal adviser determine she has a case.

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