Parents of children in spinal surgery controversy pouring hearts out for help, court told

High Court reporter

Parents with children caught up in the spinal surgery controversy at Temple Street hospital are “pouring their hearts out” in requests for medical records and have been told it will take 10 to 12 weeks, the High Court has heard.

Mr Justice Brian Cregan was told by a barrister representing one six-year old boy that the parents feel desperate and the hospital approach requires a human touch rather than a generic response.

The court heard on Friday that the parents of Luke Ryan from Dublin, who had previously asked the High Court to intervene in relation to his medical records, were sent the records on Wednesday evening.

Karl Sweeney BL, instructed by Raymond Bradley of Malcomson Law, told the court that the law firm, which acts for a number of children taking action against Children’s Health Ireland (CHI) in relation to the alleged adverse effects of spinal surgery, is seeing a similar pattern to Luke’s case over medical records requests.

He said parents “get back a generic response saying it will take 10 to 12 weeks.”

Mr Sweeney said the children involved are just as bad or in a worse situation than Luke.

“We accept there is a system in place, but parents are pouring their hearts out in emails. These are desperate people who require the human touch rather than a generic response,” he said.

The counsel for CHI, Oonah McCrann SC, said the hospital will do everything in its power to provide medical records to parents in a timely fashion and its office was working flat out on the matter.

Mr Justice Cregan said parents can apply to the court and the High Court will “do it, one case at a time.”

The medical records had been sought in the case of Luke Ryan, who is the last of three children to still have an alleged unauthorised spring device in his spine from his surgery at the hospital three years ago. His parents need the records so the family can get expert opinion on whether to reposition or remove the spring,

Ms McCrann for CHI told the court on Friday that the records were made available to the boy’s solicitors on Wednesday evening. She reiterated the apology from CHI chief executive Eilish Hardiman in relation to the delay and “certain miscommunications” over releasing the records.

She said ancillary data sought by Luke’s side, such as emails, will also be made available by the hospital within the required time, which is October 21st.

The case will come back to court on October 20th.