Lourdes Hospital Redress Scheme
The Government has established a Redress Scheme to compensate women who suffered unnecessary hysterectomies and oopherectomies (removal of ovaries) as a result of the wrongful practices of Dr Michael Neary.
IMPORTANT NOTE: Deadline for applications to be made to the scheme is Sunday,12 August 2007
Dr Michael Neary
Dr Michael Neary is a consultant obstetrician who was struck off the medical register following the Lourdes Hospital Inquiry into the practices of Dr Neary at Our Lady of Lourdes Hospital in Drogheda, Co Louth between 1974 and 1998.
The Lourdes Hospital Redress Scheme is intended to provide fair and reasonable redress to the former patients of Dr Michael Neary who were victims of unplanned and medically unwarranted hysterectomies and oopherectomies.
Malcomson Law have received a number of enquiries from women who may be entitled to compensation under the terms of the Lourdes Hospital Redress Scheme.
If you feel that you may have been affected by the wrongful practices of Dr Neary, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.
The Lourdes Hospital Redress Scheme
The scheme was established as a result of the findings and recommendations of the Report of the Lourdes Hospital Inquiry, January 2006. The report was published by the Department of Health and Children on 28 February, 2006.
The scheme will provide compensation to patients of Dr Michael Neary who underwent unnecessary obstetric hysterectomy and bilateral oopherectomy.
An obstetric hysterectomy is surgery to remove the uterus and, sometimes, the cervix, carried out in association with a pregnancy, miscarriage or abortion. A bilateral oopherectomy is the removal of both ovaries or the removal of the one single functioning ovary. For the purposes of the Lourdes Hospital Redress Scheme, the bilateral oopherectomy must have been removed at the time of the obstetric hysterectomy or as a gynaecological procedure.
Who is entitled to Compensation?
Payments are made on an ex gratia (without an admission of liability) and under the terms of the Lourdes Hospital Redress Scheme, the following persons are entitled to apply for compensation:
- Those persons who had an unplanned obstetric hysterectomy which in the opinion of a consultant obstetrician was medically unwarranted
- In association with an obstetric hysterectomy, an unplanned bilateral oopherectomy or removal of remaining single functioning ovary where such was medically unwarranted in the opinion of a consultant obstetrician
- An unplanned obstetric hysterectomy where the person's relevant hospital records are unobtainable
- In association with a recent pregnancy, a D&C (dilation and curettage) or ERPC (evacuation of retained products of conception) or EUA (examination under anaesthetic) followed, or substituted by, an unplanned obstetric hysterectomy which in the opinion of a consultant obstetrician was medically unwarranted.
- A bilateral oopherectomy or removal of remaining single functioning ovary performed while the person was under 40 and which has rendered her immediately menopausal and where the oopherectomy was medically unwarranted in the opinion of a consultant gynaecologist.
Points System - Calculation of Payment
The Lourdes Hospital Redress Board will calculate the amount to be offered to the Applicant through a points system, which will operate as follows:
AGE OF APPLICANT AT DATE OF UNWARRANTED OBSTETRIC HYSTERECTOMY
| Age Bracket | 40+ | 35-39 | 30-34 | 25-29 | 20-24 | 19 or under |
|---|---|---|---|---|---|---|
| Points | 1 | 2 | 3 | 4 | 5 | 6 |
NUMBER OF CHILDREN AT DATE OF UNWARRANTED OBSTETRIC HYSTERECTOMY (WHO SURVIVED FOR AT LEAST 6 WEEKS)
| Children | 5+ | 4 | 3 | 2 | 1 | 0 |
|---|---|---|---|---|---|---|
| Points | 1 | 2 | 3 | 4 | 5 | 6 |
AGE AT DATE OF UNWARRANTED BILATERAL OOPHERECTOMY AT TIME OF OBSTETRIC HYSTERECTOMY
| Age Bracket | 40+ | 35-39 | 30-34 | 25-29 | 20-24 | 19 or under |
|---|---|---|---|---|---|---|
| Points | 1 | 2 | 3 | 4 | 5 | 6 |
AGE AT DATE OF UNWARRANTED GYNAECOLOGICAL BILATERAL OOPHERECTOMY
| Age | 35-39 | 30-34 | 25-29 | 20-24 | 19 or younger |
|---|---|---|---|---|---|
| Points | 2 | 4 | 6 | 8 | 10 |
NUMBER OF CHILDREN AT DATE OF UNWARRANTED GYNAECOLOGICAL BILATERAL OOPHERECTOMY
| Children | 5+ | 4 | 3 | 2 | 1 | 0 |
|---|---|---|---|---|---|---|
| Points | 1 | 2 | 3 | 4 | 5 | 6 |
Amount of Award
The Redress Board will evaluate applications using the points system and award payments based on the value attributed to the amount of points an applicant attains.
The values attached to the points are as follows:
| Points | Value |
|---|---|
| 2 | €60,000 |
| 3 | €80,000 |
| 4 | €100,000 |
| 5 | €120,000 |
| 6 | €140,000 |
| 7 | €160,000 |
| 8 | €180,000 |
| 9 | €200,000 |
| 10 | €220,000 |
| 11 | €240,000 |
| 12 | €260,000 |
| 13 | €280,000 |
| 14 | €300,000 |
| 15 | €320,000 |
| 16 | €340,000 |
| 17 | €360,000 |
| 18 | €380,000 |
Deadine
Deadline for Applications - 12 August 2007
The deadline for receipt of applications is Sunday, 12 August, 2007. This is 60 days from Thursday, 14 June, 2007 - the commencement date of the scheme.
Any application made after 12 August 2007 will only be considered in exceptional circumstances. Late applications will not be considered at all after Tuesday, 11 September, 2007 (90 days from the commencement date)
Making a claim
The scheme makes provisions for applicants to have legal assistance in connection with their application to the Redress Board.
Malcomson Law have received a number of enquiries from women who may be entitled to compensation under the terms of the Lourdes Hospital Redress Scheme.
If you feel that you may have been affected by the wrongful practices of Dr Neary, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.