Judge Yvonne Murphy is due to announce her proposals for symphysiotomy compensation procedures to cabinet later this month.
Judge Yvonne Murphy´s recently compiled proposals for symphysiotomy compensation settlements are due to be heard by the Cabinet within the next few weeks. Before their announcement, expert opinion is divided over whether they are beneficial to the survivors of the controversial childbirth procedure.
Judge Murphy was asked by the relevant government bodies to compile proposals for symphysiotomy compensation settlements last year. The request came after the Government withdrew their support for a cross-party private members’ bill that would have provided a window in the Statute of Limitations to allow the survivors to make their claims for symphysiotomy through the court system.
Due to potential legal challenges from insurance companies involved in the case, the Government is looking to introduce an ex-gratia scheme of symphysiotomy compensation settlements for survivors. This is a similar arrangement to that agreed with the former residents of Magdalene laundries. The as around 80 percent of the procedures were performed in private hospitals, the proposals will require support from the insurance industry.
Symphysiotomy survivors are divided on whether the proposed symphysiotomy compensation settlements are appropriate for the degree of suffering they endured. Several hundred Magdalene claimants received payments ranging from €11,500 to €100,000. Much is still now known about how the awarding of symphysiotomy compensation will work. It may be paid out in instalments or in a single lump sum, and the estates of deceased women may or may not be entitled for compensation.
Some survivors of the symphysiotomy procedure have indicated they would accept payments similar to the Magdalene laundry settlements with no admission of liability from the State. However, members of the Survivors of Symphysiotomy (SOS) group say that compensation settlements should be more in line with the award of €591,297 that was made to Tracy Nelson in a court hearing last year.
Spokesperson for the SOS group – Marie O´Connor – said “It’s not unreasonable to insist that cases are treated as medical negligence. These women have lifetimes of suffering and lost opportunities behind them. Whether it was horse-riding, gymnastics or gardening, they could never do it again”.