A consultation obstetrician who was found by the High Court to have unnecessarily removed the womb of a Co Louth woman after she gave birth to her first child, is to appeal the ruling to the Supreme Court, The Irish Times has learnt.
Dr Michael Neary will lodge his appeal within the next few days.
Last month the High Court ruled he had unnecessarily removed the womb of Ms Alison Gough less than an hour after she gave birth by Caesarean section to her only child Daniel in 1992.
Ms Gough (37), of Market House Lane, Ardee, was awarded more than €273,000 compensation plus the costs of her case.
In his defence, Dr Neary claimed he performed the operation because Ms Gough was bleeding excessively from her uterus after the Caesarean section.
Mr Justice Johnson, after hearing the evidence of two experts, said he believed if Dr Neary had "persisted longer on the conservative methods" to try to stop bleeding then "on the balance of probabilities the hysterectomy would not have been necessary".
Furthermore, the judge said he had observed Dr Neary's body language and the tone in which he spoke and he found his explanations very unconvincing. On the other hand, seeing Ms Gough in court was sufficient for him to appreciate the depths of despair to which she had been put. The effect on her had been "catastrophic".
Prof John Bonner, a consultant obstetrician and gynaecologist, had told the court it was extremely rare that a woman having her first baby should have a Caesarean hysterectomy. So rare, in fact, that in his experience it had happened in only one in 100,000 births.
The operation on Ms Gough was carried out by Dr Neary at Our Lady of Lourdes Hospital, Drogheda, where he was employed by the Medical Missionaries of Mary until the hospital was taken over by the North-Eastern Health Board in 1997. The health board has confirmed 65 legal actions are being taken by women who have made allegations against Dr Neary.
At present Dr Neary stands suspended from the medical register. The Medical Council's fitness to practise committee began an inquiry into allegations that he performed unnecessary Caesarean hysterectomies over two years ago. It is still ongoing.