The Government has published details of a new redress scheme for the victims of surgical symphsiotomy.
Women who avail of the scheme can receive awards at three levels: €50,000, €100,00 and €150,000. And those who have had a pubiotomy (a procedure that cuts through pubic bone) will also be entitled to apply.
Symphysiotomy involves cutting a pregnant woman’s pubic bone to widen the birth canal.
Former High Court judge Maureen Harding Clark has been appointed as an independent assessor.
There are more than 150 cases before the High Court. If these women decide to continue with their court cases, they will not be entitled to payment from the scheme.
“Women may opt out of the scheme at any stage if they wish to pursue an action through the courts instead, up to the time of accepting their award. No one will have to waive their right to proceed with a court case as a pre-condition of applying to the scheme,” noted a statement from the health department.
Cathriona Molloy, a patient advocate from the group Patient Focus that represents more than 200 women, said they had been working with women who underwent the painful childbirth procedure since 2003.
“We’re pleased that at long last it’s been announced. There’s a lot women went through to get to this stage,” she said. “We welcome it . . . The women we’re dealing with are pleased.”
Ms Molloy said the €34 million compensation package was an acknowledgement of the damage that was done to the women.
“It’s vindication that they were wronged by symphysiotomy and what they went through.”
She said from Monday, November 10th, applications would be available with a deadline to December 5th this year.
Ms Molloy said the independent assessor is authorised to extend the cut-off date to January 14th in exceptional circumstances. She said about 1,500 symphysiotomies took place in Ireland and an estimated 350 of these women were alive today.
Many were left with permanent injuries such as incontinence, difficulty walking and chronic pain. She said group represented women that ranged in ages from 59 to 92-years-old.
Marie O’Connor, chairwoman of Survivors of Symphyiotomy group that has about 400 members, said the short time limit for people to apply made it “impossible for women to seek independent advice and to make a considered decision”.
“Irrespective of this so-called redress scheme, High Court cases are proceeding, because survivors want to establish the truth about their operations. Two test cases were before the High Court yesterday for fixing dates,” she said.
“ Our advice to any survivor thinking of applying for the scheme is to heed the advice of their legal advisers, apply for €100,000 and keep their legal actions going forward.”
