Neary inquiry - Victims can finally hope for justice

FOR the first time in their never-ending nightmare, the victims of rogue doctor Michael Neary can finally see a glimmer of light at the end of what has been a very dark tunnel.

They will derive encouragement from the response of Tánaiste and Health Minister Mary Harney to the plight of those on whom unnecessary caesarean hysterectomies - sterilisation by another name - were carried out.

Yesterday’s meeting with Ms Harney was highly constructive, copper-fastening the hope that a positive outcome will now ensue from this most difficult and depressing scenario.

To her credit, the minister has from the outset been deeply supportive of the women’s cause. They can now look forward to meeting her again in a fortnight’s time, secure in the knowledge that proposals for a redress package to compensate them for the immense pain and suffering they have endured will finally be on the table.

The grave findings and far-reaching recommendations of the report of Judge Maureen Harding Clark must inform a radical overhaul of the Medical Practitioners Act to ensure such an outrage can never happen again.

Following publication of the independent inquiry into the abnormal number of hysterectomies carried out at the hospital, Ms Harney can be assured of unqualified public support in her battle against powerful consultants who have, effectively, run the health service according to their rules and for their benefit.

As emphasised by Taoiseach Bertie Ahern in his apology to the women, there can be no question of taxpayers picking up the compensation bill.

It is imperative for the State to now pursue the insurers of the Medical Missionaries of Mary, the hospital and Dr Neary in order to recoup monies paid out by the State by way of redress.

There is also an irresistible case for re-opening a garda probe into the theft of files relating to 44 of Dr Neary’s victims. The DPP should not hesitate to prosecute those responsible.

Allegations of criminal assault against the victims by Dr Neary should also be investigated.

It is essential for the way to be made as smooth as possible so the victims can be properly compensated for the grave injustice inflicted upon them. In particular, it behoves Finance Minister Brian Cowen to be generous in response to their predicament.

At a conservative estimate, the State is expected to have to pay compensation of between €30 million and €40m to some 250 women who underwent operations at the hands of Dr Neary.

So far 125 victims have initiated claims against the hospital, the obstetric surgeon and the health authorities. However, the statute of limitations has prevented them seeking redress in the courts.

At the end of the day, no amount of money will compensate the women for the loss of the children they can never have.