The Statute of Limitations for symphysiotomy claims moved one step closer to being set aside last night in order to allow surviving victims of symphysiotomy and pubiotomy procedures to claim compensation for their injuries.
Symphysiotomy and pubiotomy operations were carried out on mothers during childbirth from the 1940s until the 1990s in order to increase the size of the pelvic outlet to aid childbirth as an alternative to a Caesarean Section – often without the mother´s consent or knowledge.
The procedure involved cutting the cartilage between the pubic bones and breaking the pelvis – an operation which frequently left the mother in extreme pain, incontinent and with impaired mobility. Many women did not even know that they had undergone the procedure until their medical records were reviewed years later.
Due to the two-year Stature of Limitations for making personal injury claims in Ireland, nearly all of the women who underwent a symphysiotomy or pubiotomy have been time-barred from claiming compensation for injuries caused by a symphysiotomy or pubiotomy procedure.
Now, thanks to a Private Members Bill introduced into the Dáil by Sinn Féin’s Health Spokesman Caoimhghín Ó Caoláin, women who underwent these procedures may have the opportunity to claim compensation for symphysiotomy injuries.
The Bill proposes that a one year window be allowed in the Statute of Limitations for symphysiotomy claims in order to allow women to recover compensation for symphysiotomy injuries through the courts. Last night, the Bill passed through its second stage in the Dáil and will now move onto committee stage.
Speaking in the Dáil, Health Minister Dr. James Reilly said the coalition would not oppose the proposed legislation to set aside the Statute of Limitations for symphysiotomy claims and received a warm reception when he announced that he would ensure closure for the survivors of symphysiotomy by the end of the year.
A spokesman for Dr. Reilly announced later that the Government is also examining how best to meet the health and social needs of women affected. The final Walsh Report, expected soon, should go some way to assisting the Government with the final drafting of the legislation which will temporarily set aside the Statute of Limitations for symphysiotomy claims.