The High Court today dismissed a damages claim brought by a couple after the organs of their two dead babies were retained by the National Maternity Hospital.
Angela O'Connor and Jason Tormey had taken the case against Holles Street Hospital, Dublin, following the discovery in 2000 that organs had been retained following postmortems on two of their children.
After gaining permission, the hospital performed examinations after 25 weeks on Thomas - who died 14 hours after he was born in 1996 - and Angelica, who was stillborn in 1998.
The couple claimed they did not realise the procedures would entail the retention of organs and sued for damages on a number of grounds, including personal injuries misrepresentation, breach of contract and negligence.
Today Judge Michael Peart dismissed the case on the grounds the defence did not have a case to answer.
While expressing sympathy to the couple for the "unspeakable tragedy" they had lived through, the judge said evidence had not been produced that they suffered injury or that the hospital had been negligent in its dealings with them.
Mr Justice Peart said although consultant psychiatrist Helen Cummiskey had described Ms O'Connor as "traumatised", she stopped short of describing any recognised psychiatric illness in her.
"For the reasons which I hope are clearly set out in this judgment, the court is unable to discover from any evidence any recognised psychiatric illness having been suffered by Angela, even though her anger and upset and grief is still palpable, and I fully understand that," he said.
"But the court is not able to award any damages to either plaintiff for these matters," he said in his judgement.
Mr Justice Peart said no evidence had been produced to back up the couple's claims of negligence, breach of contract or misrepresentation surrounding the obtaining of consent for the postmortem.
The judge said the court had the greatest sympathy with the great sadness and distress the couple had suffered.