In an action believed to be the first of its kind here, a Dublin couple is seeking damages arising from their claim that organs were removed in 1988, without their consent, from their stillborn baby daughter at the National Maternity Hospital at Holles Street, Dublin.
The hearing of the claim was adjourned by the High Court yesterday to July 9th.
The hospital is disputing the claim of Mrs Bridget and Mr Terence Devlin, of Ballyogan Crescent, Carrickmines, Dublin, that it retained body parts of their daughter, Laura. The child was stillborn at the hospital on May 30th, 1988.
The Devlins allege that, immediately after Laura's birth, the hospital carried out, without their consent, a post-mortem examination to verify the cause of death.
They claim the hospital retained brain tissue and spinal cord, parts of heart and lungs, residual parts of neck organs, parts of the liver and intestine, parts of the kidneys, bladder and adrenals, parts of the tymos gland and spleen and lymph glands, part of the uterus and ovary, bone and bone marrow, blood vessels of the aorta and umbilicus, small pieces of muscle and fat and pieces of skin.
On June 1st, 1988, they claim they received a sealed casket supposedly containing the remains of their daughter. They claim they did not receive the complete remains and that the hospital did not inform them that organs had been removed and retained.
Following extensive media publicity in March 2000 surrounding the wrongful retention of body parts, their solicitor wrote to the hospital which confirmed that baby Laura's organs had been retained and were still retained by the hospital 12 years after her death, it is argued.
In their statement of claim, the Devlins allege the hospital was negligent in that it caused them to experience shock on discovering, through circumstances surrounding the removal and retention of Laura's remains, that "the body of baby Laura had been desecrated" and that their wishes for Laura had not been respected.
The Devlins allege they were distressed at the retention of their dead child's organs for 12 years and had to undergo the "traumatic effect of having to arrange to have baby Laura's organs collected from Holles Street hospital and have these organs reburied".
It is alleged that Mrs Devlin suffered from nightmares and would dream of seeing her baby incomplete in the grave and that she suffered from post traumatic stress disorder.
The hospital denies it was guilty of negligence and breach of duty to the Devlins.
It admits it retained organ parts of the stillborn baby but denies it did so unlawfully or without the Devlins' consent or knowledge. It is also pleaded that the case is brought by the Devlins outside the legal time limit for such action.
Mrs Devlin claims she did not become aware that any hospital post-mortem took place until days after it had been carried out as she had explicitly refused to give her consent to such an investigation.