A former High Court judge has been announced by the Minister for Health as the leader in a report to examine the feasibility of a symphysiotomy compensation scheme.
Earlier this month, the Minister for Health Dr James Reilly announced in a press conference that Judge Yvonne Murphy has been asked to examine the feasibility of a compensation scheme for women who underwent the controversial childbirth procedure. The woman-who have been left with permanent injuries such as incontinence, difficulty with walking and chronic pain-have been the centre of a legal battle for many years to receive the compensation to which they are entitled.
Judge Murphy has been asked to compile a series of compensation options for review in February 2014, to “assist in finding closure” for the women affected by the operation. In addition to the announcement of the scheme leader, Dr Reilly said that the Government would contribute to an ex gratia scheme if that is the symphysiotomy compensation plan recommended. It is reported that Judge Murphy will be meeting with insurance companies to explore whether they would contribute towards such a scheme.
Before this scheme was announced, a private members bill was brough to the Dáil by Sinn Féin’s Health Spokesman Caoimhghín Ó Caoláin. At the time the bill was announced, Dr Reilly said that he would not oppose it. The point of the bill was to allow a one-year window for the affected women to make claims for symphysiotomy compensation. This bill faced difficulties when the Government were then told that such a move could result in a legal challenge by the insurance companies who would have been liable for compensating the women.
Sinn Féin’s health spokesman Caoimhghín Ó Caoláin criticised plans to keep the statute of limitations in place. He said “The type of scheme outlined in the terms of reference offers the women no prospect of adequate compensation for what was so barbarically done to them nor the choice to pursue their rights in the courts.”
However Chairman of the support group Survivors of Symphysiotomy Ltd – Tom Moran – welcomed the announcement of a new symphysiotomy compensation plan. His comment was “We welcome this decision to appoint the judge and we hope it leads to women finally being given a chance of some kind of closure.”