Neary victims denied pay-out

AN insurance body is refusing to pay compensation to around 100 women who say that their wombs were unnecessarily removed.

The British-based Medical Defence Union (MDU) will only pay for claims lodged in the High Court against the Drogheda obstetrician Michael Neary before July 2003.

Last year, Dr Neary was struck off the medical register for wrongly removing the wombs of 10 patients at Our Lady of Lourdes Hospital in Drogheda during the 1980s and 1990s.

The Neary scandal has already cost nearly €650,000 in known compensation.

The vast majority of claims pending against the doctor are believed to be outside the timeframe specified by the MDU.

The MDU has refused to comment on the matter, saying it did not comment on individual cases.

Sheila O'Connor, of Patient Focus, said that only 30 of the 130 women with claims pending were inside the MDU's timeframe.

“We think it is amazing that the Department of Health signed off on an agreement with an insurance company without requiring it to fulfil its obligation. We will be making a complaint to the Public Accounts Committee about that,” she said.

Ms O'Connor said the Department of Health should force the MDU to pay a substantial sum of money in compensation and then establish a separate compensation tribunal for the women affected by the insurance body's decision.

“As it stands, one-third of the women have no records anyway and everybody involved, including the Minister for Health, is giving them a tough time in proving their case,” she added.

Ms O’Connor said the MDU were making compensation offers of between €20,000 and €30,000 which were really an insult to the women involved.

Ms O'Connor said they were also worried about a Supreme Court appeal against a High Court decision allowing Rosemary Cunningham, of Corlea, Kings-court, Co Cavan, to sue Dr Neary for damages.

The doctor’s legal team is claiming that Ms Cunningham is outside the three-year legal timeframe that runs from the time she knew of the damage.

Patient Focus met with the women and the partners in Dublin last night to make a final decision on the State's inquiry into the Neary scandal.