Judge astounded family caught up in spinal surgery case had to go to court for medical files

Temple Street Hospital said it is expected the boy's medical records will be available by Thursday this week

Children's Health Ireland Chief Executive Eilish Hardiman attended the High Court as the organisation apologised and its counsel accepted there had been “total breakdown in communication” with the parents of Luke Byrne from Dublin. File picture: Brian Lawless/PA

A High Court judge has said it is astounding that the parents of a six-year-old boy caught up in the Temple Street Hospital spinal surgery controversy had to come to court to seek his medical records.

Mr Justice Brian Cregan made his remarks as the CEO of Children’s Health Ireland (CHI) Eilish Hardiman attended the High Court as the organisation apologised and its counsel accepted there had been “total breakdown in communication” with the parents of Luke Byrne from Dublin.

Luke is the last of three children to still have an alleged unauthorised spring device in his spine from his surgery at the hospital three years ago.

The court previously heard from his counsel, Karl Sweeney BL instructed by Raymond Bradley of Malcomson Law, that the firm acts for a number of children who are taking action against Children’s Health Ireland in relation to the alleged adverse effects of spinal surgery at the Dublin city hospital.

Luke’s application for the medical records is regarded as important in relation to other families who are also seeking medical records linked to spinal surgery at Temple Street Children’s Hospital.

In court on Tuesday, Mr Justice Cregan was told that CHI hope to have Luke’s records, which are needed so the family can get expert second opinion on whether to reposition or remove the spring, in the next 48 hours.

Mr Justice Cregan remarked that what was extraordinary was that there had been no replies to letters from the parents requesting the medical records and they were forced to retain a solicitor who sent two letters to the CEO. The judge said there was no reply to the solicitor’s letters as to the efforts being made in the background and “suddenly we find they are now dealing with it promptly.” 

When counsel for CHI, Oonah McCrann SC, said that communication was less than ideal the judge said it was “non-existent”. Mr Justice Cregan, who said he had gone back on the case file overnight, said two days after the solicitor’s letter to the CEO, Ms Hardiman appeared before an Oireachtas Committee and appologised to the children and families involved in the controversy.

The judge said:

While that apology was being given, the parents of a six-year-old boy with an alleged unauthorised device in his spine was asking for his medical records and not getting any reply.

Counsels said CHI accepted there was a “total breakdown in communication”. Counsel opened a letter to the court dated October 10, which said the hospital regrets the delay and “certain miscommunications” in regard to the provision of the records to date.

It said on Monday this week the scanning company was contacted and requested to urgently scan Luke’s records. The hospital was informed that it would be completed as a matter of urgency within 48 hours and it is expected they will be available by Thursday this week.

Mr Justice Cregan adjourned the matter until Friday morning when he said he will then see what the position is.