CHI Temple Street CEO ordered to come before High Court over springs controversy

The lack of a reply to requests for a child's medical records is described by judge as 'a staggering default'

Mon, 09 Oct, 2023 - 19:02

Ann O’Loughlin

The chief executive of Children’s Health Ireland has been ordered to come before the High Court to explain why there is a delay of up to 10 weeks in releasing the medical records of a six-year-old boy caught up in the spinal surgery controversy.

High Court judge Mr Justice Brian Cregan was told on Monday that several requests have been made to CHI at Temple Street for the medical records of Luke Ryan (6).

He is one of three children who had a spring implanted during spinal surgery three years ago and which now needs to be removed or re-positioned.

The judge was told a number of letters have been sent by the family of the little boy from Dublin and his solicitors to CHI at Temple Street and its CEO Eilísh Hardiman.

He was also told there had been no reply in over a month since the first request. Mr Justice Cregan said:

It’s a staggering default. The issue had come into the public domain in that time.

When he heard the family were told that the release of medical records could take ten weeks, the judge asked: “How does it take ten weeks?”

Mr Justice Cregan said while he had not heard the other side he was minded “given the urgency of the situation“ to direct Eilísh Hardiman to come to court on Tuesday afternoon “to explain what the delay is".

“This clearly demands her attention,” the judge added. He said if Ms Hardiman was not in a position to attend court she could indicate another date when she could attend.

Luke’s counsel, Karl Sweeney BL instructed by Raymond Bradley of Malcomson Law told the court the firm acts for a number of children who are taking action against the HSE in relation to the alleged adverse effects of spinal surgery at the Dublin hospital.

He said Luke’s application in relation to the medical records is important in terms of other families who are also seeking medical records in relation to spinal surgery at CHI at Temple Street.

He said they had come to court on a one-side ex-parte basis to seek to compel the CHI Temple Street to give the medical records that the family needs to seek expert reports and second opinions on whether the spring which was inserted during spinal surgery at the Dublin hospital in July 2020 should be removed or repositioned.

In an affidavit to the court, Luke’s mother Elizabeth McMahon said her son, who was born with spinal muscular atrophy and scoliosis, is the only child who still has to have the spring removed.

She said she believes the spring is non-EU certified and was unsuitable in terms of its metal profile for the procedure concerned.

She said X-rays were sent by email from the clinical director of CHI Temple Street on October 3 last and she said it was apparent from the X-rays that the deterioration in the spring was very obvious.

Ms McMahon said a consultation also took place with a surgeon at the hospital and it was advised that the spring be removed sooner rather than later.

She said due to her son’s compromised condition and sensitivity to anesthetic, a multidisciplinary team is required to provide an opinion prior to surgical decisions being made.

She said Luke is entitled to his medical records without further delay and is presently suffering a potential loss of expert advice options and possible surgical intervention due to his medical records not being forthcoming.

The case comes back before the court on Tuesday afternoon.