Barrister for Cork family calls for timeline on medicinal cannabis protocols

A barrister representing the family of Cork girl Ava Barry has called for a timeline for the introduction of a protocol around the administration of medicinal cannabis which had been recommended at her inquest.

The 13-year-old from Aghabullogue was provided with access to medicinal cannabis for treatment for seizures arising from a form of epilepsy called Dravet syndrome, after a campaign by her mother Vera Twomey.

An inquest into her death, held in December 2024 at Cork City Coroners Court, heard Ava had died of bronchopneumonia in Cork University Hospital, in the early hours of May 27, 2023.

A ministerial licence was granted in 2017 by then health minister Simon Harris, allowing Ava to receive medicinal cannabis.

The coroner's court was told the treatment had resulted in a 50%-70% reduction in Ava’s seizures.

It also heard there was no local or national policy on how medicines like cannabis, granted under a special licence, were administered in hospitals.

Ava’s mother, Vera, had to remain in the Puffin Ward at CUH for several weeks during her daughter’s time there, as she was the only person who was licensed to give Ava her medicinal cannabis.

The coroner, Philip Comyn, noted there appeared to be a gap in national policy regarding the administration of medical cannabis in hospital settings.

After returning a verdict of natural causes in her death, the jury recommended a national policy be developed to provide for greater supervision in the administration of medicines which are subject to a special licence.

However, there is no date for the introduction of what has now become known as Ava’s Protocol. In recent days, in reply to a parliamentary question by Social Democrats TD Pádraig Rice, minister for health Jennifer Carroll MacNeill said “a suitably qualified person” was to be appointed to chair an expert review of the Medical Cannabis Access Programme.

“Administration of schedule 1 cannabis-based products for medical use is one of the key consideration of this review. I anticipate that work will commence on this Review in Q2 of 2026, with recommendations being submitted to me for consideration within a year from commencement date of the review.” 

Barrister Doireann O’Mahony said Ava’s family had been “led to believe that Ava’s Protocol would be implemented, yet we are now being told there will be another review process”.

“What is needed is a clear commitment, a defined timeline and certainty around the legislative pathway. This family has already endured so much. They should be not be left waiting again.”