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Organ Retention

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The Organ Retention scandal became prominent in Ireland in the late 1990s. It emerged that many Irish hospitals, in particular the maternity and children's hospitals, retained the organs of deceased children following post mortems without the consent of their immediate family. The organs of adults were also retained without consent following post mortems in other Irish hospitals.


Legal Claims

The Malcomson Law team are acting on behalf of people who are taking organ retention claims against various hospitals, health boards, and pathologists in Ireland.

We have issued proceedings in the High Court for wrongful conversion of body parts without consent, negligence, post traumatic stress disorder and breach of contractual rights.

It is our client's wish that a group action puts them in a better position to find out all relevant information about the circumstances that were associated with organ retention in hospitals and the role of pharmaceutical companies.


Making a claim

If you have been affected by Organ Retention, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form.

In order to help you assess any potential claim, we will need to seek certain details from you, which include:

  • Personal details
  • Hospital/doctor involved.
  • When informed of organ retention.
  • Whether consent was furnished to post mortem
  • Medical details.

Statutory Inquiry

The organ retention scandal caused considerable upset to families who were told of these practices, often years after the organs were retained. It led to the establishment of a group to lobby for a public inquiry into such practices, and new laws to ensure that such actions never happen again. This group is called Parents for Justice.

The Government initially established a non-statutory inquiry, the Dunne Inquiry, which was chaired by Anne Dunne, SC. The hearings were held in private. The Dunne Enquiry was wound up without ever producing a report and after a cost of €20 million. Dr Deirdre Madden produced a report based on the information that Anne Dunne gathered.

However, Malcomson Law believe that a statutory public inquiry into organ retention practices in Ireland must be established. We are working with Parents for Justice in an affect to ensure that the Government order a statutory public inquiry into the organ retention practices.


Legislation

In addition to the establishment of a public inquiry to investigate the organ retention practices in Ireland from the 1970s, Malcomson Law believe that it is necessary for the Government to introduce legislation governing human tissue in order to ensure that a scandal like this cannot happen again. It will also ensure that clear, statutory guidelines are available for all to abide by in the future.

For further information, please contact Malcomson Law by calling 01 8744422 or complete an an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in this area.