University Hospital Limerick’s chief clinical director has initiated legal proceedings against the Health Service Executive (HSE).
Prof Brian Lenehan is one of six individuals facing disciplinary proceedings following the death of 16-year-old Aoife Johnston in the midwest hospital in December 2022.
The Co Clare teenager died of meningitis on December 19th, 2022, after she was left for more than 13 hours without antibiotics, a “vital” treatment to help save her life.
An independent report into her death by former chief justice Frank Clarke, published last week, found she died in circumstances that were “almost certainly avoidable”. It highlighted a number of system and communication issues within the hospital, particularly in situations of overcrowding.
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Speaking on RTÉ Radio One last weekend, Bernard Gloster, chief executive of the HSE, said six people were at various stages of the disciplinary process, and four are on administrative leave from the roles.
However, he said this process would be confidential in nature, and he would not disclose the names of those facing disciplinary action, to ensure they are given a fair hearing.
Mr Gloster said the HSE “failed her [Aoife] badly, our failure caused her death”, and that the issue is “a question of accountability”.
At the High Court on Tuesday, Lorna Lynch SC, instructed by Kevin Bell of Matheson, for Prof Lenehan, was given permission by Ms Justice Siobhán Phelan to serve short notice of an application for injunctions restraining him being placed on administrative leave pending the disciplinary process. Prof Lenehan’s application was made ex parte to the judge, meaning only his side was represented in court on Tuesday.
The court was told he is not seeking to delay the process itself in any way. The matter will return before the court on Thursday.
It is understood the HSE met Prof Lenehan last week, informing him he was one of the individuals against whom disciplinary action was being taken.
A consultant orthopaedic surgeon, he was asked to step aside from his position as chief clinical director of UL Hospitals Group pending outcome of a disciplinary hearing. He was appointed to the role in May 2020.
Prof Lenehan joined University Hospital Limerick in 2009 and since then has held a number of positions within the group, including regional clinical lead for the trauma and orthopaedics clinical programme.
He graduated from UCD School of Medicine in 1997, before completing higher surgical training in trauma and orthopaedics with RCSI in 2008 and a specialist fellowship training in adult spinal surgery in Vancouver General Hospitals, Canada.
In response to requests for comment, Prof Lenehan said he has “participated, and will continue to participate fully, in all internal HSE processes”.
“My goal is that those processes are concluded comprehensively and expeditiously and I have not sought to delay the investigation process in my action today to protect my rights. The decision, however, to place me on administrative leave, in my capacity as Chief Clinical Director, a role to which I was appointed in 2020 and reappointed to in 2023, was, I believe, unwarranted.
“For the sake of all staff and patients at University Hospital Limerick, and in order for the HSE internal process to be considered objective and credible, all decisions, including decisions relating to administrative leave while these processes are ongoing, must be made fairly and reasonably.”
A spokeswoman for the HSE said they have no comment to make on the matter.
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