Writs over retention of children's organs issued

The parents' group for families whose deceased children's organs were retained without their consent has issued the first 50 …

The parents' group for families whose deceased children's organs were retained without their consent has issued the first 50 of over 600 legal actions claiming damages against health institutions and individuals.

The proceedings by Parents for Justice are being taken against the Minister for Health and Children, the Attorney General, the chief executives of major hospitals, the Eastern Regional Health Authority and other health boards, and individual doctors and consultants.

The parents are claiming damages for personal injury, loss, damage, distress, inconvenience and expense caused by alleged negligence and breach of duty of the defendants, breach of contract, misrepresentation and/or negligent mis-statement.

They are also seeking damages for alleged unjust attack and violation of their constitutional rights to bodily integrity, person and family rights and for conversion or taking by detention and by use of various body parts of the deceased, such organs being the possessory property of the parents.

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The group has notified the various parties that writs have been issued in 50 individual cases by parents who are members.

Ms Fionnuala O'Reilly, spokeswoman for the group, told The Irish Times last night that she wanted to stress it was with regret that they had taken the decision to embark on a course of litigation but it was out of sheer frustration with the system.