Symphysiotomy sufferers want compensation ban lifted

Women whose pelvises were severed during childbirth want politicians to back a draft law to temporarily lift a legal ban preventing them from suing for compensation.

A Private Members' Bill published today (TUES) lifting the Statute of Limitations for women who experienced symphysiotomy and pubiotomy "without medical justification" is due before the Dail on April 16 next.

The Statute of Limitations act lays down a two-year period within which personal injury proceedings must be initiated.

But most of the pelvis widening cases go back 40 or 50 years leaving up to 200 women, many now in their 70s and 80s, statute barred.

The statute of limitations act was amended in 2000 to allow minors who were sexually abused in residential institutions to sue.

This morning (TUES) Caoimhghin O Caolain TD, convenor of the Victims of Symphysiotomy All Party Oireachtas Support Group, launched a new bill calling for a temporary one year lifting of the statute ban to allow the women to sue for damages.

The new bill mirrors the 2000 law amending the statute of limitations.

"While in other jurisidctions judges retain inherent jurisdiction to allow cases to proceed where justice demands, Irish legislation provides no discretion whatsoever to the courts in determining whether cases may advance," said Mr O'Caolain who called on Taoiseach Enda Kenny and Tanaiste Eamon Gilmore to "embrace" the draft law.

Mr O'Caolain thanked TDs and Senators of all parties, as well as independents, who supported the campaign of the victims of symphysiotomy for justice in recent years.

An estimated 1,500 operations were performed here between 1942 and 2005, mostly in Catholic teaching hospitals.

Some 200 women are still alive and could benefit from the proposed law if passed.

One of the survivors recently died, a press conference in Dublin heard this morning (TUES).

The explanatory memorandum to the Statute of Limitations (Amendment) Bill 2013 says that the vast majority of symphysiotomy victims were very young women having their first child whose knowledge of childbirth was extremely limited.

This article is courtesy of the Irish Independent.