In what is believed to be the first case of its kind, a Dublin couple alleged yesterday in the High Court that organs were removed from their stillborn baby daughter 16 years ago without their consent.
They have brought a claim for damages against the National Maternity Hospital at Holles Street, Dublin.
The hospital disputes the claim of Mrs Bridget Devlin and Mr Terence Devlin, Ballyogan Crescent, Carrickmines, Dublin, whose daughter was stillborn at the hospital on May 30th, 1988.
The Devlins allege that immediately after baby Laura's birth, the hospital carried out a post-mortem examination, to verify the cause of death, without their consent.
Mrs Devlin in evidence yesterday described a meeting in June 1988 at which she was told by one doctor that she [the doctor\] was sorry but they did not know what happened to the baby.
At that time another doctor came in and spoke to her husband about the death. She could not remember the doctor's name. Her husband tended to use his hands when he spoke and the doctor told him to stop pointing at him and told her husband to f*** off.
Mr Justice O'Donovan said the doctor concerned was entitled to be made aware of the allegation and given an opportunity to answer it. It was wrong to make an allegation against a professional person without giving that person an opportunity to respond. It was an outrageous allegation.
Mr Charles F. Meenan SC, for the hospital, asked for an adjournment unless the statement was withdrawn. After a 10-minute adjournment Mr Padraig McCartan SC, for the Devlins, said the statement was not being withdrawn but would not be pursued.
It is expected that Mr Meenan may renew his application for an adjournment when the hearing resumes today.
Earlier, Mrs Devlin told the court she was told by a midwife that her daughter had died. A lady with a white coat and with a form in her hand told her to sign the form to consent to a post-mortem. "I said no way. You are not going to touch the baby."
Sobbing, Mrs Devlin told how she had seen her dead baby in a little chapel in the hospital on May 30th and was allowed to hold her. Her husband told her the hospital had done a post-mortem. She was numbed and very angry, but did not express this to anybody in the hospital. When she was discharged a nurse gave her a little booklet and a lock of hair.
Mrs Devlin told the court she would wake up almost every night and picture Laura. She believed "she actually called me several times and that went on for weeks or months".
Mrs Devlin and her husband claimed 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 thymus gland, 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.
The Devlins allege that on June 1st, 1988, they received a sealed casket supposedly containing the remains of their dead daughter, but they did not receive the complete remains and the hospital did not tell them that organs had been removed and retained.
They say they were distressed at the retention of the 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 and without the Devlins' consent or knowledge.