THE CLAIM by a schoolgirl against a Dublin gynaecologist, Mr Hubert O'Connor, was discontinued in the High Court yesterday on the application of her lawyers. Ms Gemma Lynch (16), of Brackenbush Park, Killiney, Co Dublin, is continuing her action against Dr Brian Denham, a paediatrician, and Mount Carmel Hospital.
Dr Denham and the hospital deny Ms Lynch's claims that she was born in 1980 with spina bifida, or that, owing to their negligence and breach of duty, there was a failure to diagnose the condition until 1986.
The court had been told there was a history of spina bifida in the family and that Ms Lynch was born with a stub of flesh at the back of her neck which Dr Denham tied and which fell off days later.
When the action resumed before Mr Justice Kinlen yesterday, Mr Colm Allen SC, for the girl, said that, following consultations with a medical witness, he and the girl's other legal advisers had considered it proper to discontinue proceedings against Mr O'Connor.
Mr Allen said that his side wished to make it clear that, with out reservation, all allegations against Mr O'Connor were with drawn. The girl's mother had spoken with kindness of the treatment given by Mr O'Connor.
The court was told that Mr O'Connor had agreed to waive his entitlement to his legal costs. The judge ordered that Mr O'Connor be dismissed from the action. The hearing was adjourned to next Tuesday.