Courts

UHL chief clinical director to return to role and partake in disciplinary process, High Court hears

HSE to pay 75% of Prof Brian Lenehan’s legal costs for the case

Prof Brian Lenehan, chief clinical director with University Hospital Limerick, at the High Court. Photograph: Collins Courts
Prof Brian Lenehan, chief clinical director with University Hospital Limerick, at the High Court. Photograph: Collins Courts
Fri Dec 06 2024 - 12:28

A resolution has been found in a High Court dispute over the suspension of the chief clinical director of University Hospital Limerick (UHL) following an investigation into the death of Aoife Johnston.

Prof Brian Lenehan will be returning to his position until his contract ends next June and will also participate in a disciplinary process that has been brought against him, the court heard.

Prof Lenehan had sought an injunction over a Health Service Executive (HSE) decision to put him on paid administrative leave pending an investigation for alleged serious misconduct relating to circumstances surrounding the girl’s death on December 19th, 2022.

He denied any wrongdoing and said the decision had been reached without any actual conduct on his part having been identified. It was in breach of his contract and contrary to ordinary rationality and logic such as to be void in law, he also said.

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The HSE claimed its decision was lawful.

[ Use of ad hoc system for dealing with overcrowding among factors for UHL director’s suspension, says HSE ]

The case has been running since Tuesday. However, on Friday Peter Ward SC, for the HSE, said the matter has been resolved.

He said Prof Lenehan is returning to his role as chief clinical director, reporting in the context of new regional structures, until the conclusion of his contract in June 2025.

Mr Ward asked the court to strike out the entirety of the proceedings with an order for Prof Lenehan to get 75 per cent of his legal costs paid by the HSE.

Lorna Lynch SC, for Prof Lenehan, said her client would also participate in the disciplinary process that the court heard arose out of him being placed on administrative leave in September by the chief executive of the HSE, Bernard Gloster. He was permitted to return to work as an orthopaedic consultant pending the investigation.

Ms Justice Siobhán Stack said she wanted to pass on her sympathies to the family of Ms Johnston.

“I think it would be really remiss of me not to say I had not lost sight of that,” she said.

She said this was a case about an individual and their employment and it was a separate issue. However, she said that “in the background is the terrible tragedy of Ms Johnston and everybody in court is aware of that and that has been on my mind throughout”.

Ms Johnston (16), a Leaving Cert student from Shannon, Co Clare, died two days after presenting at the emergency department of UHL.

The court heard Ms Johnston was sent by her GP to the hospital on December 17th, 2022, with a diagnosis of suspected sepsis which meant she should have received the necessary medication within an hour. She spent more than 13 hours on a trolley before medication that could have saved her life was administered but died on December 19th.

[ Aoife Johnston report: Death of girl (16) at UHL was in circumstances ‘almost certainly avoidable’, investigation finds ]

A report of an investigation into the circumstances surrounding her death was carried out by retired chief justice Frank Clarke, who found her death was almost certainly avoidable.

As a result of that report and further inquiry, the HSE chief executive decided to place Prof Lenehan on administrative leave because of a belief that continuation in his role may give rise to an immediate and serious risk to the safety, health and welfare of UHL patients.

Prof Lenehan strongly denies this.