Woman, 77, must pay hospital’s costs after symphysiotomy appeal

A woman has been ordered to pay a Dublin maternity hospital’s legal costs of her failed appeal alleging a symphysiotomy carried out on her in 1963, 12 days before her first baby was born, was unjustified.

While all three members of the Court of Appeal had great admiration for the 77-year-old woman who has lead “a tough life by any standards”, “tea and sympathy” cannot get past the normal rule that costs go to the winning side, Mr Justice Michael Peart said.

Lawyers for the woman had not shown the necessary special circumstances arose that entitled the court not to apply the normal rule, he held.