MINISTER FOR Health James Reilly has rejected claims that he is blocking a multimillion euro settlement for former patients of hospital consultant Michael Shine by failing to release €3.5 million from funds he controls.
Solicitors acting for more than 100 victims of Mr Shine have told their clients that the consent of Dr Reilly is “not forthcoming” to a release of funds from a trust set up for victims of sexual abuse at the hospital where the consultant worked.
However, Dr Reilly said last night he had to be sure the settlement was fair and legally sound.
His officials were carrying out the necessary due diligence checks to ensure the interests of patients and the State were best served, he said.
Earlier this month, lawyers for the patients agreed a settlement with the Medical Missionaries of Mary, who ran Our Lady of Lourdes hospital in Drogheda until 1997.
The settlement was agreed out of court after lengthy negotiations with the order’s insurers, Allianz.
All 112 former patients agreed to the deal, as did the Medical Missionaries of Mary.
However, last week, a stumbling block emerged when it became clear Dr Reilly had not given his consent.
For the settlement to proceed, the Minister has to approve payment from a trust set up when the order sold Our Lady of Lourdes to the North Eastern Health Board.
The money in the trust was deducted from the sale price of the hospital to cover “various incidents of sexual abuse (that) may have occurred in the hospital during the period of ownership thereof by the congregation”.
Lavelle Coleman, which represents the 112 patients, says it does not know why the Minister has refused consent to the settlement and cannot understand what possible objection he could have to a private settlement between parties that has no taxpayer involvement.
“We have sought to engage with the department and our efforts have come to nothing,” it told clients in an e-mail seen by The Irish Times. “As it stands the settlement agreed by all parties cannot be put into effect.”
Dr Reilly said he had to be sure the terms of legal documents were being followed. He also wanted to know how the settlement is being divided between damages for patients and legal fees and costs, and how it is being apportioned between individual patients.
“Have we certainty that all relevant persons affected by the abuse of Mr Shine are catered for?” he asked.
“I need to have confidence that the process is of real benefit and provides closure to all those who suffered in this horrible situation. These are the people whose interests we are seeking to safeguard.”
Mr Shine, now aged 80, retired from Our Lady of Lourdes in 1995 on a full pension after 30 years’ service.
He was struck off the medical register in 2008 after the Medical Council made a finding of professional misconduct against him over his inappropriate behaviour towards three male patients at the hospital.
He was acquitted on all indecent assault charges when tried at Dundalk Circuit Criminal Court in 2003.
A Garda investigation is continuing.
A number of individual cases against him have been settled in recent months, without admission of liability.
