The Government announced details of the Symphysiotomy compensation scheme on the 6th November, 2014.


Judge Maureen Harding Clarke has been appointed as Independent Assessor to the scheme which was announced on the 1st of July, 2014 for women who underwent surgical symphysiotomy or pubiotomy.


Judge Clarke stated that the vast majority of women who underwent symphysiotomy are likely to receive an award of €100,000.  She described the scheme as very simple and outlined that she is proposing banded payments of €50,000, €100,000 and €150,000 to participants of the scheme who underwent the procedure in Irish Hospitals between 1940 to 1990. She outlined her commitment to do “everything I can to make it an easy-to-handle scheme and give as many people their money as quickly as possible”.


In order to qualify for payments under the scheme women who have already commenced High Court proceedings will have to withdraw their cases before the Court to qualify for payment under the scheme.


The €34 million scheme which opens on Monday 10th November, 2014 is confidential.   Women have been given four weeks to apply but may ask the Independent Assessor for an additional four weeks to 14th January, 2015 “exceptional circumstances”.


Compensation will be paid on an ex gratia basis without an admission of liability on the part of the State.


Trish Hynes is a Solicitor with FitzGerald Solicitors practising in Litigation. FitzGerald Solicitors are located in 6 Lapps Quay, Cork.


Please note that you should contact your Solicitor for specific legal advice tailored to your needs as each case is different and the foregoing article is not intended to provide legal advice.


*In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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