Neary appeals case to Supreme Court

Former Co Louth consultant obstetrician Dr Michael Neary and Our Lady of Lourdes Hospital, Drogheda have appealed to the Supreme Court against a High Court ruling that a Co Cavan woman may sue them for damages over Dr Neary's alleged unnecessary removal of her ovary in 1991.

The appeal centres on whether the action by Ms Rosemary Cunningham is statute barred - brought outside the three-year time limit. The outcome will affect other actions brought over Dr Neary's performance of allegedly unnecessary Caesarean hysterectomies. Some of the women involved in those actions attended yesterday's appeal.

It is believed some 60-70 summonses have been issued against Dr Neary, who has been struck off the medical register, and this may reach 120, legal sources said yesterday.

After the appeal hearing concluded on Tuesday afternoon, the three-judge court - consisting of Mrs Justice McGuinness, presiding, with Mr Justice Hardiman and Mr Justice Fennelly - reserved judgment.

Last October the High Court rejected a preliminary application by Dr Neary and Our Lady of Lourdes Hospital to have struck out the proceedings taken against them by Ms Cunningham on the grounds that they were statute barred.

In March 2002, Ms Cunningham, of Corlea, Kingscourt, Co Cavan, had initiated proceedings against Dr Neary, representatives of the Medical Missionaries of Mary and a nominee of the North Eastern Health Board arising from her treatment by Dr Neary at Our Lady of Lourdes Hospital in 1991.

In his reserved judgment on whether the proceedings were statute barred, Mr Justice Ó Caoimh ruled that the three-year limit began to run from the time Ms Cunningham had knowledge that the operation to remove her ovary was unnecessary. He was satisfied she had neither constructive nor actual knowledge of this until she received a report from Dr Richard Porter in April 2001.