A number of new witnesses have come forward in the case in which a couple are seeking damages arising from the retention of some of their stillborn baby's organs by the National Maternity Hospital after a post-mortem which took place allegedly without their consent.
When the case resumed yesterday in the High Court, Mr Justice O'Donovan was told about a number of new witnesses who had come forward to give evidence for the plaintiffs, Bridget and Terence Devlin, of Ballyogan Crescent, Carrickmines, Dublin, whose daughter was stillborn at the hospital on May 30th, 1988.
The hospital is disputing the claim, and argues that in 1988 there were no consent forms, and that Mrs Devlin did consent to the post-mortem.
Mr Padraig McCartan SC, for the plaintiffs, said yesterday that a number of new witnesses had come forward to his solicitor, but they had not yet had the opportunity to take statements.
Commenting that the new witnesses had been "sprung upon" the defence only yesterday, the judge said he would hear the evidence, but stipulated that counsel for the hospital, Mr Charles F Meenan SC, should be given the opportunity of making inquiries in relation to the new witnesses.
The judge said he would, therefore, put the case in for mention on Wednesday.
He then allowed witnesses for the plaintiffs who had already been notified to the defence to give their evidence on the third day of the hearing.
A consultant psychiatrist, Mr Denis Murphy, said in March 2000, Mrs Devlin read a letter from the hospital that the organs had been retained. This was a great shock to her, and brought back all her distress with greater severity.
She had described her great distress and anger about the retention of the organs when he had consulted with her in February 2002.
He felt she had post-traumatic stress disorder. He would have treated her medically if she had been amenable to this. He had recommended counselling, but she declined to go.
She had described having nightmares about the baby having its organs taken out.
In April 2003, he dealt with her again, and felt she was improving. She was still having some nightmares, and told him she had become a weepy type of person.
The case was adjourned until Wednesday.