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Dublin: 10 °C Monday 20 May, 2013

Supreme Court reduces symphysiotomy award to €325,000

Olivia Kearney will receive €325,000 instead of the €450,000 awarded by the High Court in March.

Image: Barratts/S&G Barratts/EMPICS Archive

A 60-YEAR-OLD woman who has suffered over 40 years of pain and discomfort because of an unnecessary childbirth procedure has seen her compensation award of €450,000 slashed to €325,000 in the Supreme Court today.

Louth woman Olivia Kearney underwent an unjustified symphysiotomy procedure in Our Lady’s Hospital Drogheda in 1969 when she was just 18-years-old. In March, the High Court handed her a €450,000 award for all past and future damages.

In his ruling on the appeal today, Justice John MacMenamin upheld the High Court’s decision on liability but changed the amount awarded to a total of €350,000 for both past and future general damages.

He said that he did not want to underestimate the very serious nature of the injuries and their effects to the plaintiff but explained they fell short of the highest category of awards which the original sum would fit into. He said injuries which have been awarded such sums in the past include tetraplegia or other extensive neurological damage with devastating psychological consequences, which he described as “truly catastrophic”.

Justice MacMenamin explained that the reduction in the award is in no sense a reflection on Mrs Kearney’s truthfulness or her credibility as a witness, adding that her testimony was understated.

He said he took into account her 25 years of work and other aspects of a ‘normal life’ when making his judgement.

Symphysiotomy is a childbirth operation that unhinges the pelvis, severing the symphysis joint. It was used in Ireland throughout the 1940s to 1980s despite being discarded for safe options in other jurisdictions.

Around 150 women survive today, many of them permanently disabled, incontinent and in pain.

Kearney only discovered that the surgery had been performed on her in 2002 after listening to a radio show and matching her life-long medical problems to those being discussed.

The High Court heard that a symphysiotomy was carried out on Mrs Kearney after her baby had been delivered by Caesarean section.

Marie O’Connor from the Survivors of Symphysiotomy group said today’s result is a victory that sends out the “strongest possible signal” that the procedure is a mutilating operations that should never have been performed.

“This case sets a benchmark for future cases,” she added. “SoS has been battling for truth and justice for a decade, but successive governments have kicked to touch. Hundreds of survivors have gone to their graves without ever seeing justice.”

She reiterated calls for the Government to lift the Statute of Limitations so all survivors of symphysiotomy and pubiotomy can access the courts.

Column: Symphysiotomy was seen as a gateway to childbearing without limits

Read more about symphysiotomy on TheJournal.ie>

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Comments (21 Comments)

  • They did it after the baby was born? That wasn’t a procedure that was toture and experimentation, not only should these women be compensated, they should get a full apology and those responsible be prosecuted. It won’t happen in Ireland though will it?

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  • Even reading about the procedure leaves me wondering why a doctor would undertake such a tortuous way of delivering a baby and then treat the patient like an imbecile and not inform her fully of why she would suffer/ was suffering all those years . This lady is a heroine , she raised a family and worked to support and offer a good life style while suffering the awful side effects of such unnecessary surgery… The doctor surely had a mother , grandmothers, maybe sisters , aunts, a wife , children of his own and female colleagues ie nurses doctors etc , So why in the name of empathy / sympathy would he do this to her? Especially as it had been banned else where in the world . At least the case was proven and the lady can continue with her life in some ease.Although I really wonder why the compensation was reduced ? I wish her luck and congratulate her on her bravery.

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  • This Supreme Court victory sends out the strongest possible signal: symphysiotomy is a mutilating operation that should never have been performed in Ireland as a procedure of choice in the mid to late 20th century.

    This case sets a benchmark for future cases. SoS has been battling for truth and justice for a decade, but successive governments have kicked to touch. Hundreds of survivors have gone to their graves without ever seeing justice.

    The Government should now lift the Statute of Limitations to allow all survivors of symphysiotomy and pubiotomy to access the courts without further delay. All survivors are vulnerable to arguments around delay: as well as being unlawful, these were covert operations that bordered on clandestine. Women did not discover their pelvises had been broken for 30, 40 or 50 years.

    ‘The courts represent the only forum for truth and justice that is not under the control of influence of the Department of Health, which has stood by the Institute of Obstetricians on this issue for 10 years.’

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  • I suffered a “spontaneous symphisiotomy” in St. Luke’s Hospital, Kilkenny, in 1999, having been unnecessarily induced, 10 days before my due date, by a consultant obstetrician. I understand that a number of other women, including a nurse, have suffered the same injury, at the hands of the same consultant. This leads me to believe, as others do, that what happened was not mere misfortune, or coincidence, but somebody “playing God”. I would be interested in hearing from others who had the same experience. Local GPs have since stopped referring women to this man. I am still occasionally affected by the injury; I was offered no physiotherapy or other follow-up, despite the obvious seriousness of the injury, which also supports my contention that the outcome was intentional.

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  • That sum would be a paltry amount in the US, where judgements can often run into the millions.

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  • Only a man , who have never suffered the agonies , of childbirth could makje such an appaliing decision

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    • No clear point and extremely sexist, hence why I thumbed you down.

      If you’re referring to the operations, they were conducted not through a lack of understanding but through a vision clouded by religious beliefs. A man or a woman could equally have carried out this horrible act if listening too much to the church.

      If you’re referring to the courts decision, it was based on benchmarking with other compensation brackets and has nothing to do with the gender of the judge.

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    • Really and truly Mary , what a rotten comment to make?? Maybe the male judge was also at risk of beating her up such is thd disrespect all men have for all women!!

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  • My poor mum went thru it having me !!! She is still complaint to this day !!! I was born 1966

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  • Well she’s not a politician , family or friend of or working for a politician, I’m amazed she wasn’t left with less. If she was a banker even the government couldn’t touch it.

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  • “Justice John MacMenamin upheld the High Court’s decision on liability but changed the amount awarded to a total of €350,000 for both past and future general damages”.

    So I would assume his reasoning for reducing the amount is that ‘she’s 60 now, hasn’t got many years left in front of her to live and be in continuing pain, so the EUR350,000 should do her for expenses, medical, pain killers, caring etc. until she dies’.! Good one Judge. Only a man could come to that conclusion. God help her, her family, that have watched her all these years, suffering from pain, depression, disability and the huge loss that her children have had not having her to every day things with them when they were younger.

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    • Hi Sheila,

      Just to clarify the judge’s ruling: he reduced the compensation after looking at precedent. Sums of €450k have been awarded in previous cases where injuries have meant no semblance of ‘normal life’ can be resumed. He took into account that Mrs Kearney has not had the same catastrophic injuries, as say can be caused by extreme neurological damage. He was very clear in his ruling that he was in no way undermining the pain and suffering she has gone through but that he has a duty to take all these things into account when dealing with the law.

      Her age wouldn’t come into it really as both past and future damages are being paid. Hope that explains it a bit more clearly.

      Thanks,
      Sinead

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    • So, you’re saying the judgement’s wrong because it’s not enough money? Wouldn’t it have been enough money if you didn’t know that there was a higher compensation bracket? I would have thought that the verdict was important, not the monetary sum.

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    • Sorry, above comment was replying to Shelia, not Sinead. Slow refresh day.

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    • I think the decision to reduce the award does have to be seen in light of some of the extraordinary defamation awards that have been handed down in recent years. A man who most of us have never heard of and wouldn’t recognise if he turned up on our doorstep sleepwalked naked into a woman’s hotel room and was then awarded €10 million over a libel in a press release. Can anyone seriously argue that the damage to his reputation caused him to suffer more than Olivia Kearney and the other SoS women have?

      BTW, good work Marie.

      Reply
    • Karswell 11/07/12 #

      @ Wendy – Would you be so kind as to provide some more information about the € 10 million defamation case? I had not heard about such a case and I would be astounded of an Irish court awarded such a high compensation. In the USA yes, but through our justice system? I would be aghast.

      I think we have a basic difficulty with this case. Clearly, the abuse and suffering this poor woman went through cannot be given a value. Money cannot compensate her for what she’s gone through. At least the wrongdoing has been recognised, it cannot be rect

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    • Karswell 11/07/12 #

      @ Wendy – Would you be so kind as to provide some more information about the € 10 million defamation case? I had not heard about such a case and I would be astounded of an Irish court awarded such a high compensation. In the USA yes, but through our justice system? I would be aghast.

      I think we have a basic difficulty with this case. Clearly, the abuse and suffering this poor woman went through cannot be given a value. Money cannot compensate her for what she’s gone through. At least the wrongdoing has been recognised, it cannot be rectified. The damage cannot be undone.
      Debating whether she should have gotten more money then she did, are we picturing it as winning a share in a Lotto jackpot? She deserves the best healthcare and the highest living standards that are available.

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    • Donal Kinsella v Kenmare Resources

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    • Karswell 12/07/12 #

      Thank you for this. It is a ridiculous amount of money. I am not surprised at the stay placed on the payout. Half a million euro is still an extremely high compensation, but more realistic than € 10 million. I would be surprised if the remaining 9.5 million survives the appeal.

      Reply

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