Neary faces 100 claims after ruling

A DISGRACED obstetrician faces claims for damages from more than 100 women after a High Court ruling yesterday.

The decision in favour of Rosemary Cunningham, allowing her to sue consultant Dr Michael Neary for damages, is expected to have a knock-on effect for other cases against him.

Mrs Cunningham took the action last year when she discovered her left ovary had been removed in 1991. Several of the other cases relate to allegedly unnecessary Caesarean hysterectomies carried out some years ago.

Many of the women involved feared they may be statute barred brought outside the three-year legal time limit.

However, an application by Dr Neary and Our Lady of Lourdes Hospital, Drogheda, to have proceedings taken against them by Mrs Cunningham struck out on those grounds was rejected in the High Court yesterday.

Welcoming yesterday's ruling, patient support group Patient Focus, which represents approximately 110 women treated by Dr Neary, said the way was open for up to 90 more women to sue.

"We are delighted with the ruling. We have about 90 other women who feared they may have been outside the legal time limit to sue Dr Neary. The way is now open for them to do so, provided yesterday's decision is not overturned in appeal," said spokes-woman Sheila O'Connor.

Dr Neary has 21 days to contest the decision.

Mrs Cunningham, of Corlea, Kings-court, Co Cavan, said she was delighted with the ruling and hoped it would make life easier for the other women contemplating suing Dr Neary.

"It has been a very stressful time for me and my family. I did nothing wrong, yet I was dragged through the courts. My hope is that following the court ruling, other women will be spared what I went through."

She added that she hoped the decision would not be appealed.

Mrs Cunningham took proceedings against Dr Neary, representatives of the Medical Missionaries of Mary and a nominee of the North Eastern Health Board arising from her treatment by Dr Neary at Our Lady of Lourdes Hospital in 1991.

She claims he wrongfully removed her left ovary during an operation on August 15, 1991, which followed her admission to the hospital with an ectopic pregnancy.

In her evidence to the court, Mrs Cunningham said that when she asked Dr Neary why he had removed her left ovary, he had shouted at her: "I didn't like your bloody ovary anyway."

The court was told Dr Neary was denying making that remark and also rejected claims of rudeness to Mrs Cunningham or that the removal of her ovary was unnecessary.

In his reserved judgment on whether the proceedings were statute barred, Mr Justice Ó Caoimh said he was satisfied the three-year limit ran from the time Mrs Cunningham had knowledge that the operation to remove her ovary was unnecessary.

He was satisfied Mrs Cunningham had neither constructive nor actual knowledge that the operation was unnecessarily performed until she received a report from Dr Richard Porter, a consultant obstetrician, in April 2001. She initiated proceedings in March 2002.

In those circumstances, the judge said he must rule in favour of Mrs Cunningham and hold that her claim was not statute barred under the Statue of Limitations.

Dr Neary was struck off by the Medical Council in July for needlessly removing the wombs of 10 women.

The Medical Council also gave a report of his activities to the gardaí in Drogheda. A garda spokesman said yesterday they were awaiting a directive from the DPP as to whether Dr Neary should face a criminal investigation. Proposals for a public inquiry into his activities are due before Government shortly.

The case taken by Mrs Cunningham was the second successful action against Dr Neary.