Hospital CEO ordered before court over delay in handing over records in spinal controversy

The court heard that the family had been told it could take as long as 10 weeks before records can be released

Mon, 09 Oct, 2023 - 16:01

Ann O’Loughlin

The CEO of Children’s Health Ireland has been directed to appear before the High Court on Thursday to explain the delay in releasing the medical records of a child caught up in the spinal surgery controversy.

Six-year-old Luke Ryan from Dublin, Mr Justice Brian Cregan was told, still has a spring in his body since he had spinal surgery at Temple St Children’s Hospital in July 2020 and it needs to be removed.

In the High Court on Monday, Mr Justice Cregan directed that the CEO of Children’s Health Ireland come to court to explain what the delay is in releasing the boy’s medical records.

He is one of a number of children taking legal action over what is claimed are adverse effects suffered after spinal surgery at Temple Street children’s hospital.

Counsel for the boy, Karl Sweeney BL instructed by Raymond Bradley of Malcomson Law, told the court the firm acts for a number of children who are taking actions related to the alleged adverse effects of spinal surgery at the Dublin city hospital.

Counsel said Luke’s family had requested his medical records and had asked for them also through their solicitor, and at one stage had been told it could take as long as 10 weeks before records can be released.

Mr Justice Cregan, who was being asked to give an injunction compelling the hospital to hand over the records which are necessary so the family can seek a second opinion, commented about the lack of communication or replies to the enquiries seek the records which were first sent at the start of September:.

Mr Justice Cregan said: “It’s a staggering default. This issue had come into the public domain.” He said he was minded, because of the urgency of the situation, to direct the CEO Eilish Hardiman to attend court.

More to follow