A statutory commission of investigation into serious controversies surrounding scoliosis and spina bifida care in Children’s Health Ireland (CHI) is to go ahead despite calls by some family groups for a public inquiry. This follows the publication of a 134-page scoping report by Remy Farrell SC. This followed a review commissioned in 2023 following concerns regarding the use of unlicensed springs in spinal surgeries at Temple Street in Dublin. The consultant at the centre of the review was referred to the Irish Medical Council after two serious incidents involving children undergoing spinal surgery, including one child who has since died. Families are seeking a tribunal rather than a commission of investigation for a multitude of reasons, which include the fact that tribunals sit in public and a tribunal would allow legal teams who represent the families affected to ask questions as part of those public hearings
What is Scoliosis?
Scoliosis is a medical condition where the spine curves abnormally to the side, creating an “S” or ”C” shape. While some cases are mild and manageable, others may worsen over time and require medical intervention such as bracing or surgery.
What is the Impact of Scoliosis?
Living with Scoliosis can impact people in different ways, including:
- Chronic pain or discomfort
- Reduced mobility or physical limitations
- Visible changes in posture or body alignment
- Psychological and emotional effects, especially in younger people
- In severe cases, breathing difficulties or pressure on internal organs
Children’s Hospital Ireland (“CHI”)
In August 2023, Children’s Hospital Ireland (“CHI”) issued a report outlining findings and recommendations from two formal reviews – both internal and external – which were conducted on spina bifida patients at Temple Street Children’s Hospital (“Temple Street”). The internal review identified “serious spinal surgical incidents” resulting in the death of one child, and a significant proportion of others have suffered serious post-operative complications. The report highlighted many serious issues and failings in respect of the quality of spinal surgeries and patient care in Temple Street. The families of affected patients and advocacy groups said that the report was not wholly transparent, and they subsequently called for the commission of a detailed external review and government intervention.
The internal review can be accessed via the following link:
https://media.childrenshealthireland.ie/documents/CHI_Report_for_Spinal_Surgery_Services.pdf The HSE then commissioned an external expert from Liverpool to review the surgeries and the “The primary focus of this external review will be the clinical care provided by an individual consultant based at CHI at Temple Street, who is currently not conducting surgeries, and in respect of whom a referral has been made to the Medical Council,” This Review has not yet been published Minister for Health, Ms Jennifer Carroll MacNeill, has stated that legal issues arising from High Court proceedings have prevented publication to date.”
What are the issues?
The issues relate to poor clinical outcomes of some complex spinal surgery, including a high incidence of post-operative complications and infections, the use of unauthorised implantable devices and the use of a certain spinal surgical technique It now also appears that certain spina bifida-related surgeries remain suspended at the hospital. Untreated scoliosis can cause pain and deformity, as well as a risk of heart and lung damage. If your child underwent orthopaedic surgery at Temple Street Children’s Hospital between 2016 and 2023, and you are affected by this, you should consider obtaining specialist legal advice. At Lynch Solicitors, we have worked with many clients who have suffered serious orthopaedic injuries, successfully bringing claims on their behalf where it was due to negligence by another party. Our medical negligence and product liability department has experience in assisting families who have been affected by defective and harmful medication and medical products. During the last 30 years, the office has dealt with most types of medical negligence and product liability cases. In particular, we currently represent a significant number of people from each corner of the country who have been affected by the DePuy ASR hip implant recall and narcolepsy arising out of the swine flu vaccine. We consider ourselves one of the top firms in this specialist area.
If you or a member of your family has been affected by the issues in this article, we will be happy to meet with you to explore the legal options available.
For further advice or if you wish to discuss any other legal area please contact us in Clonmel. The material contained in this blog is provided for general information purposes only and does not amount to legal or other professional advice. While every care has been taken in the preparation of the information, we advise you to seek specific advice from us about any legal decision or course of action.