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Watchdog report to criticise surgeon over use of unauthorised springs in spinal operations

Minister to brief Cabinet on findings into controversy over children’s operations at Temple Street hospital

Two inquiries have been established into controversies surrounding elements of orthopaedic surgery carried out at Temple Street hospital in Dublin. Photograph: Conor Ó Mearáin/Collins
Two inquiries have been established into controversies surrounding elements of orthopaedic surgery carried out at Temple Street hospital in Dublin. Photograph: Conor Ó Mearáin/Collins

A health watchdog report will today issue a sharp criticism of a surgeon over using unauthorised springs in spinal surgeries for children.

A report by the Health Information and Quality Authority (Hiqa) is also expected to maintain there was inadequate oversight and governance on the part of hospital group Children’s Health Ireland (CHI).

The report is the first of two inquiries established about 18 months ago by the Government and the HSE into controversies surrounding elements of orthopaedic surgery carried out at the CHI-run Temple Street hospital in Dublin as well as overall governance and control issues.

The moves followed concerns over poor surgical outcomes, the use of a spinal surgical technique and of non CE-marked, unauthorised, implantable devices.

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Former minister for health Stephen Donnelly directed Hiqa to review “end-to end processes around the use of the non-CE spring implants during spinal surgery in Temple Street” and to examine the controls, oversight processes and governance within CHI on the use of surgical implants and implantable medical devices.

Separately, the HSE commissioned a UK expert to lead an external review of elements of the paediatric orthopaedic surgical service at Temple Street.

It is understood the Hiqa report will be critical of how the unauthorised springs came to be used by the surgeon and maintain that governance and oversight in CHI was not adequate.

The report runs to nearly 200 pages but does not identify the surgeon by name.

Minister for Health Jennifer Carroll MacNeill, who was scheduled to meet CHI chairman Dr Jim Browne on Monday, is expected to bring a report to Cabinet on Tuesday.

The Government will have to decide on whether it retains confidence in CHI to continue to operate paediatric services and particularly to oversee the opening of the new €2 billion national children’s hospital.

The Irish Times reported in December that Mr Donnelly, as minister, sought legal advice last year on whether the State had powers to take over the running of children’s hospital services. CHI hospitals, although publicly-funded, are run by a voluntary board.

It is understood the legal advice said a direct State intervention could only take place if an independent review identified serious governance or other failings.

For some time there has been frustration in parts of Government over a number of issues involving CHI, including waiting times for scoliosis patients; how €19 million in authorised funding had been spent; delays in the appointment of a new chief executive; and preparations for taking over the national children’s hospital.

Meanwhile, the HSE has declined to answer if it is satisfied all children who were waiting more than four months for spinal surgery at the end of last year were offered treatment abroad, despite a legal direction from the former minister requesting they “closely monitor progress”.

Just before he left office in January, Mr Donnelly directed the HSE under legislation to ensure all children who were waiting more than four months for spinal surgery at the end of 2024 were offered treatment in New York or London if clinically appropriate.

Asked whether the HSE is satisfied these children have been offered treatment abroad, a spokeswoman said its chief executive and the regional director for Dublin and the Midlands were “engaged with CHI and the department” on the matter.

“A number of families are considering surgery abroad in the future,” a CHI spokeswoman said.

“Not all patients who have been waiting for spinal surgery for longer than four months are clinically suitable to travel abroad for surgery.”

Martin Wall

Martin Wall

Martin Wall is the Public Policy Correspondent of The Irish Times.