Symphysiotomy Payment Scheme

The Minister for Health established the Surgical Symphysiotomy Payment Scheme and Government approved Judge Maureen Harding Clark (retired High Court Judge) as Assessor for the Scheme. Judge Clark will implement the Scheme, on a confidential basis, on the Minister’s behalf.

The Symphysiotomy Payment Scheme is open to women who are still living and who underwent a surgical symphysiotomy or pubiotomy in the State between the years 1940 and 1990, including women who are living abroad. Awards of €50,000, €100,000 and €150,000 will be offered. Once an Applicant satisfies the terms of the Scheme she will receive an award.

Applications had to be made within 20 working days of the Commencement Date for the Scheme, which was 10 November, 2014. The Closing Date for receipt of applications was therefore Friday 5 December 2014. In exceptional circumstances, Judge Clark has discretion to extend the time for receipt of applications by an additional 20 working days, that is, to Wednesday, 14 January 2015. It is important to note that in the event of a delay arising in the compilation of a woman's supporting documentation due to difficulty in obtaining medical records, the application should be submitted within the time period set out in the Scheme with a written explanation of the reasons for the absence of the documentation.

The Scheme is voluntary and women will not waive their rights to take their cases to court as a precondition to participating in the Scheme. Women may opt out of the Scheme at any stage in the process, up to the time of accepting their award. It is only on accepting the offer of an award that a woman must agree to discontinue her legal proceedings against any party arising out of a symphysiotomy or pubiotomy.

Details about the Scheme and application forms are available by phoning the Assessor at 0035316778553, 003531 6778554 or 0035316778555.

Definitions

“surgical symphysiotomy” means a procedure undertaken for obstetric purposes, involving the cutting of the pubic symphysis, which excludes the spontaneous separation of the pubic symphysis during childbirth.

“pubiotomy” means a procedure undertaken for obstetric purposes, which cuts through the pubic bone.