Families to sue Martin over organ retention

MORE than 700 families affected by the organ retention scandal are to sue Health Minister Micheál Martin for stress and trauma.

Mr Martin has already received 100 writs from families whose deceased children’s organs were retained by hospitals without their knowledge or consent.

Parents for Justice (PFJ) also confirmed yesterday that 636 of the 817 families they represent have indicated that they will take legal action before the end of the year. The Attorney General, a number of major hospitals, health boards, and specific doctors and consultants are also included in the civil actions.

The group insisted money was not the motivating factor. It said such was the sense of grievance that families felt the High Court was the only route available to get justice.

The families are looking for a personal apology from the hospitals who removed their children’s organs. The group said the minister was being sued for failing to establishing a comprehensive inquiry capable of obtaining the facts on post mortem practice in Ireland.

The families have cited personal trauma and distress as grounds for damages. A number of families have already been diagnosed as suffering from post-traumatic stress.

Fionnuala O’Reilly, spokesperson for PFJ, said none of their members had been encouraged by the support group to sue the State.

“These are high risk proceedings to be made in line with a family’s own circumstances and wishes,” she said. Ms O’Reilly also claimed around half of the writs already issued were from families who were not PFJ members.

Last October, PFJ withdrew from the private inquiry being conducted by Anne Dunne SC claiming it was ineffective because it was not on a statutory footing. The inquiry, established over three years ago, has already cost the taxpayer almost €7 million.

The group believes any report by the inquiry will be irrelevant because it will only reflect the experience of a very small number of families. Most, if not all, PFJ members, have now withdrawn their documents from the inquiry. Mr Martin is expecting to receive Ms Dunne’s first report by the end of this year.