The High Court will rule today on an application by the National Maternity Hospital at Holles Street in Dublin to dismiss an action brought against it by a couple over the retention by the hospital of the organs of their stillborn daughter after a post-mortem was allegedly carried out on the child without their consent. Mary Carolan reports.
Yesterday, Mr Charles Meenan SC, for the Holles Street hospital, said the evidence called on behalf of Ms Bridget and Mr Terence Devlin had not established any case against the hospital and he wanted a direction to that effect.
Opposing the application, Mr Pádraig McCartan SC, for the Devlins, said the evidence established that a post-mortem was carried out without the Devlin's consent.
It followed that organs should not have been removed from their stillborn daughter, Laura.
Mr Justice O'Donovan said he wanted time to consider the issues raised and would rule on the application today. If the judge refuses the application, the case will proceed with evidence called on behalf of the hospital.
In their proceedings, the Devlins, of Ballyogan Crescent, Carrickmines, Dublin, whose daughter was stillborn at the hospital on May 30th, 1988, claim the child's organs were removed after a post-mortem which they claim occurred without their consent. The hospital argues there were no post-mortem consent forms in 1988 and pleads that Ms Devlin did consent to the post-mortem.
Yesterday, Mr Meenan contended the Devlins' claim had to fail on three grounds - that it was brought outside the time permitted in the Statute of Limitations, that no loss or damage had been identified and that no loss was recoverable.
Mr Meenan said Ms Devlin was aware in 1988 that a post-mortem had been carried out.