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Introduction
The HSE have announced the completion of the first phase of an independent external review of orthopaedic surgery in Children’s Health Ireland ("CHI") and the National Orthopaedic Hospital, Cappagh.
It has also been announced that the HSE has widened the scope of the review to include surgeries carried out on patients between 2016 and 2023.
Background to the Review
The review was commissioned in 2023 following concerns regarding the use of unlicensed springs in spinal surgeries at Temple Street in Dublin. The consultant at the centre of the review was referred to the Irish Medical Council after two serious incidents involving children undergoing spinal surgery, including one child who has since died.
Independent expert Mr Selvadurai Nayagam, Consultant Orthopaedic Surgeon, has completed the first phase of the review. This phase involved a risk assessment of 91 children who underwent surgery performed by the individual consultant.
Of those cases reviewed, 62 children have been recommended for further clinical follow-up. Their families have been contacted and invited to attend appointments. The HSE has described this call-back as a “precautionary measure”. In some instances, the intended outcome of surgery may not have been achieved. In others, although the intended outcome may have been achieved, there may be complications. In certain cases, the purpose of a follow-up is to assess the longer-term clinical outcome given the passage of time.
Letters issued to families include details regarding the status of the independent review, progress to date and contact information for the relevant hospitals. The HSE has indicated that it hopes the call-back process will be completed by mid-March.
Expansion of the Review
In their latest announcement, the HSE has announced a wider look-back at the relevant consultant's practice, which will involve a review of patients the consultant performed surgeries on between 2016 and 2023. This will include all spinal, limb reconstruction and surgical dislocation of the hip procedures, but not surgeries in the area of trauma and general orthopaedics.
The HSE said that details of how this look-back will be implemented are "under consideration". Ms Lucy Nugent, Chief Executive of CHI, acknowledged that "news like this will understandably cause worry and concern for families".
Delayed Publication
Although the first phase of the review was submitted to the HSE last September, it has not yet been published. Minister for Health, Ms Jennifer Carroll MacNeill, has stated that legal issues arising from High Court proceedings have prevented publication to date.
What Should Affected Families Do?
If your child underwent orthopaedic surgery at Temple Street Children's Hospital between 2016 and 2023, you should consider:
Attending any clinical follow-up appointments offered to assess your child's current status
Gathering and preserving all medical records, correspondence and documentation relating to your child's treatment
Documenting your child's ongoing symptoms and the impact on their daily life
Seeking specialist legal advice to understand your options
Medical Negligence cases involving paediatric orthopaedic surgery are highly complex and require specialist legal expertise. While claims involving children can generally be brought until the child reaches 20 years of age, early legal advice ensures important evidence is preserved and your family's rights are protected.
Further Information
For further details, please see our prior articles examining the spinal surgeries controversy:
Temple Street Scoliosis Surgeries Controversy: HIQA Publishes Report
External Medical Review for Spina Bifida Patients at Temple Street Hospital
Temple Street Spinal Surgeries Controversy: Recent Developments
Expert Guidance
Lavelle Partners are currently advising a number of clients on this matter.
For expert legal advice or if you are concerned about a surgical procedure that your child may have undergone, please contact Avril Scally or Grace Molloy in our award-winning Medical Negligence & Personal Injury Team to discuss your concerns in the strictest confidence.
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