Dáil Éireann Debate, Tuesday - 17 January 2017
972. Deputy Bernard J. Durkan asked the Minister for Health the number of cases that have been fully and satisfactorily resolved in respect of victims of symphysiotomy; the number of cases still outstanding; and if he will make a statement on the matter. [41432/16]
Amharc ar fhreagraThe Surgical Symphysiotomy Ex-gratia Payment Scheme, which was approved by Government and was established on 10 November, 2014, has now concluded. My Department published the Report of its Assessor, Judge Maureen Harding Clark, on 22 November 2016.
The total cost of the Scheme was just under €34 million. Payments of €50,000, €100,000 or €150,000 were made to 399 women. All of the applications to the Scheme were examined by the Assessor and all applicants have received their respective payments totalling €29.85 million. 185 women were unable to establish their claim. All cases have been assessed and there are no outstanding cases under the Scheme.
Judge Harding Clark encouraged women who believed they had a symphysiotomy to apply to the Scheme, advising them that they did not give up their right to pursue their case through the courts. It was only on accepting an award under the Scheme that a woman had to discontinue her legal proceedings. The vast majority of women opted to do so. The Judge worked with each woman or her legal representative to locate medical records. Where claims could not be reconciled with established facts, women were examined by relevant medical experts.
Payments under the Scheme, together with the ongoing provision of medical cards, represent a comprehensive response to this issue, which should help bring resolution for the women, many of whom are elderly, and their families.
The Department is aware that a small number of women opted not to apply to the Scheme and are pursuing their cases through the courts and that some of these cases are being managed by the State Claims Agency. Accordingly, I have asked the State Claims for an update on these cases and that information will be made available to the Deputy shortly.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
