A consultant surgeon who claimed he was subjected to “a torrent of bullying, victimisation, intimidation and harassment” by the HSE has received undisclosed High Court damages and an unreserved apology.
Professor Francis Oliver Cunninghan (71) claimed he was forced into early retirement when his work as one of the two most senior surgeons in Our Lady’s Hospital, Navan, Co Meath, was severely curtailed under threat of suspension in 2006.
He claimed this arose out of a series of reviews and investigations into his work into which he was repeatedly denied an input and where fair procedures and due process was “consistently disregarded”.
He claimed he was subjected to effective disciplinary procedures, in breach of his contract of employment, in most of the six reports/reviews into A&E services in Navan between 2005 and 2010.
The first was the “sector healthcare report” which made a number of adverse findings in relation to Prof Cunningham. He said he was given no opportunity to refute before its publication in the medical and national media and it undermined his position in Navan hospital.
There followed another investigation arising out of discontent among some registrars in Navan which, after a long time, exonerated Prof Cunningham, he said.
There was a further investigation of complaint into an anonymous letter which was also investigated by the Medical Council which found no prima facie case against him. Again, he said, he was not given an opportunity to respond to a report the HSE investigator issued about this.
A Royal College of Surgeons of Ireland (RCSI) report (the Tanner/Murphy report) in 2006 of some 20 cases in Navan, which he said was not accurate or balanced, was done without him being contacted for his views.
He said as a result of the RCSI report, he was given an ultimatum to either accept certain recommendations in relation to Navan or face suspension. He was told it was being done in the context of a serious risk to patient safety in Navan even though he said at no time was there any such risk as a result of his conduct.
This resulted in a curtailment of his work in Navan from March 2006 and the restriction on his practice damaged his professional standing, he said. His income also suffered.
A further report (the Capita Advisory Services Report) into complaints against him also resulted in damage to him but was based on false and partial information, he said.
Further restrictions on his practice followed with the closure of the unit at Navan and the cessation of all surgery under general anaesthesia.
The last report (the Peyton Review) in 2010 resulted in a recommendation that there were no clinical grounds for any continued suspension of non-emergency surgery in Navan. The review also said there were no negligent errors identified in relation to Prof Cunningham’s practice.
He said he was told he had to retrain,which at the age of 63, was not an option for him. He was forced to take early retirement with the consequent loss of face among his peers and the community, he said.
He sought various orders and declarations, as well as damages, against the HSE in his High Court action initiated in 2014.
On Tuesday, Pat McCann SC with David Lennon BL told Mr Justice Charles Meenan the case had been settled and could be struck out with an apology read out by HSE counsel Jerry Healy.
The HSE said it unreservedly apologised to Prof Cunningham and his family for its failure to honour his rights in the context of those reports/reviews.
Actions taken on foot of those reports in relation to him were withdrawn. The HSE acknowledged and regretted the suffering to Prof Cunningham, personally and professionally.
It acknowledged he was a surgeon of the highest integrity and reputation and was discharging an undisclosed sum in damages and his legal costs.