The High Court has put back a case involving the dismissal of a business manager at Children’s Health Ireland (CHI) to allow for the removal of sensitive personal information from affidavits filed by CHI chief executive Lucy Nugent and its assistant director of nursing.
On Wednesday, Richard Kean SC, for the plaintiff, Anita Little, told Mr Justice Brian Cregan that highly sensitive information had been included in replying affidavits and exhibits submitted by the defendant, CHI, the paediatric healthcare group.
The personal data in question includes an Excel spreadsheet containing child patient names and dates of birth, the names and home addresses of those children’s parents or guardians and clinical details, including decision-making regarding surgery for the child patients.
The court directed that CHI resubmit and serve again affidavits sworn by Ms Nugent and Suzanne Cullen, assistant director of nursing-strategic workforce planning, on Ms Little and her legal team with the sensitive data removed.
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Lorna Lynch SC, for the defendant, said the sensitive information was originally submitted as evidence by the plaintiff, Ms Little. This was as part of the internal disciplinary procedure at CHI, and Mr Justice Cregan said it was the responsibility of the defendant to redact any sensitive information from their affidavits.
Mr Kean, for Ms Little, told the court that the sensitive information originated from CHI in the first instance.
Mr Justice Cregan said parents would not want the names of their children revealed before the court.
Ms Lynch agreed the defendants would have the revised affidavits sent to Mr Kean by close of business on Monday next, with a replying affidavit from the plaintiff to be produced by the following Friday.
Ms Little’s solicitor Caoimhe Haughey of Dublin firm CM Haughey Solicitors had told the court in an affidavit that highly sensitive personal heath data relating to CHI patients had been included in affidavits filed by Ms Nugent and Ms Cullen in the case earlier this month.
She said Ms Little had, as of October 7th last, been told that the disclosure of documents to her in the course of the disciplinary process containing patient health data constituted a personal data breach.
Ms Haughey told the court she had been placed in “very invidious position” where highly sensitive personal health data had been sent to her “in unredacted form”.
She said she believed the sensitive personal health data was ”not relevant, nor germane” to her client’s legal action against CHI.
Ms Little’s role at CHI involved managing and administering the waiting list for CHI spinal surgeries on a salary of €76,500. She claims she was dismissed for serious misconduct following instructions to suspend the names of 10 patients from the waiting list.
She was dismissed on August 19th , 2025 following what she said was a flawed investigation and disciplinary hearing.
Among other things, Ms Little claims she was deprived of her right to call witnesses in her defence, introduce exculpatory documentary evidence, challenge erroneous findings of fact, or examine witnesses.
On October 28th last, the High Court granted interim injunctions restraining CHI from dismissing her or advertising her post as vacant, pending further order.
