HSE chief executive Bernard Gloster has said he did not take the decision lightly to put the clinical director of University Hospital Limerick (UHL) on administrative leave, the High Court has heard.
Mr Gloster put the UHL clinical director Prof Brian Lenehan on leave pending an investigation for alleged serious misconduct relating to circumstances surrounding the death of 16-year-old Aoife Johnston two years ago.
He told the court in an affidavit submitted in the case taken by Prof Lenehan that he accepts the significant impact of his decision.
It was the second day of the injunction application by the UHL clinical director who is seeking to overturn the HSE’s decision several months ago to put him on paid leave.
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Prof Lenehan denies any misconduct and says the decision was reached without any actual conduct on his part having been identified.
He claims that the action was in breach of his contract and contrary to ordinary rationality and logic to the extent that it should be void in law. He is seeking to be reinstated as UHL clinical director.
The Health Service Executive maintain that its decision was lawful. Prof Lenehan has been told he can, pending the investigation, return to work as an orthopaedic surgeon.
Ms Johnston, a Leaving Cert student from Shannon, Co Clare, died on December 19th, 2022, from meningitis, two days after presenting at the UHL emergency department with symptoms of suspected sepsis.
Her condition worsened after presenting at the emergency department and it later emerged that she was left for more than 13 hours without antibiotics.
Earlier this year, her family settled High Court actions against the HSE over her death.
In a submission to the court on Wednesday, Lorna Lynch SC for Prof Lenehan said it was a very serious matter and could involve potential significant reputational damage for the consultant.
She said that in his affidavit to the court, Mr Gloster accepts the significant impact of the decision to put Prof Lenehan on administrative leave and said he did not take it lightly.
Mr Gloster contended that to set aside the decision would have a “profound impact”.
Prof Lenehan’s counsel said his side would say the decision was not one a reasonable decision maker would reach and there was “a fundamental lack of clarity” in the decision-making process.
Counsel said it was not a case where there was a breakdown of a working relationship.
She said that it could involve reputational damage and noted that it was a decision pending investigation and the administrative leave was “open-ended.”
The case before Ms Justice Siobhán Stack continues.
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