A bid by 25 dentists to block the HSE from applying cutbacks in free dental treatments for medical card holders has been rejected by the High Court.
Ms Justice Mary Irvine refused the dentists injunctions restraining the HSE from unilaterally varying the Dental Treatment Services Scheme (DTSS) ahead of a High Court challenge in December
The judge ruled that, should their case succeed, any losses suffered by them between now and then could be quantified and compensated for by way of damages.
The dentists are among 56 throughout the country who are suing the HSE for breach of contract on the basis the cutbacks will devastate their practices. Many have been dependent on the scheme for between 30 and 90 per cent of their income.
Two dentists - Dr James Turner, Co Wicklow and Dr Martin Reid, Co Donegal - were granted interlocutory injunctions in June restraining the introduction of the scheme pending the case, which is set to begin on December 7th.
Ms Justice Irvine said that while the dentists made the case they were likely to have to close their practices as a result of reduced income, there was no principle of law which established that insolvency or going out of business could not be adequately remedied by an award of damages.
She rejected submissions that when considering whether or not damages were an adequate remedy, she had to take into account matters such as potential redundancies of staff within dental practices should she refuse the injunctions.
“Harsh as it may appear, it is only the plaintiffs who are entitled to damages for any breach of contract on the part of the HSE.” Ms Justice Irvine said. “And, regrettable as it may be that a number of them may have to let staff go, the effect of the alleged breach of contract on third parties is not a matter which can be taken into account when considering whether damages are an adequate remedy.”
Ms Justice Irvine said she was not satisfied the plaintiffs had proved that their practices were likely to terminate for any significant period between now and the outcome of the trial.
She said evidence presented to the court indicated a lack of clarity in relation to the economic position of the dentists and there was significant doubt in her mind as to their actual financial circumstances.
She said she was surprised, in light of their claims that they faced imminent closure, none of the dentists had moved earlier to seek relief since the introduction of the cutbacks on April 26th.
In a statement following the ruling, the Irish Dental Association, which supported the dentists, said it regretted the High Court decision.
An IDA spokesman said the restrictions on the dental scheme is having a serious impact on the 1.6 million people who hold medical cards.