Doctor removed from post over organ retention controversy returns to work in HSE

A doctor who was removed from his post in 2007 after concerns were raised surrounding the retention of infants’ organs without the knowledge of bereaved parents has returned to work with the HSE on a freelance basis, according to a report by RTÉ Investigates.

The programme has also established that the practice of organ retention without the knowledge of bereaved parents has continued up to as recently as 2020 following postmortems carried out by the same doctor.

The scandal over the retention of organs without consent following postmortem in Irish hospitals first emerged in 1999 following a similar controversy in the United Kingdom.

An expert report was commissioned by the Irish Government to investigate the scandal, and an audit, which was published in 2009, identified the Rotunda Maternity Hospital in Dublin as having particularly poor practices.

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The HSE subsequently initiated an investigation which found the hospital significantly differed from other Irish maternity units both in terms of the volume of organs retained and the lengthy periods for which they’d been held.

The majority of issues highlighted in 2009 were linked to postmortems conducted by one pathologist referenced in the report as Consultant A.

Prolonged retention

This doctor later identified himself as Dr John Gillan when he wrote to colleagues stating the issues identified were “deeply regrettable” but that the prolonged retention enabled thorough examinations of the causes of death.

However, such were the concerns raised by the review team, the report stated Dr Gillan’s work was “ceased with immediate effect”.

Following a separate scandal last year whereby a hospital was found to have sent infants’ organs abroad for incineration without the knowledge of their parents, the HSE carried out an internal review of its postmortem practices.

The findings published in June established evidence of widespread retention of organs for prolonged periods at numerous hospital sites.

The majority of the issues identified in the HSE audit related to postmortems performed by one pathologist, again identified as Consultant A. It was recommended his work be reviewed to determine if it was fit for purpose.

This doctor has been identified by RTÉ Investigates as Dr Gillan. The programme wrote to Dr Gillan asking him a series of questions but in a response from his medical insurers he said he had “no comment to make”.

HSE reaction

In a statement, the HSE said: “While the HSE has no contractual relationship with the person you refer to, he continues to be retained by HSE and non-HSE hospitals to conduct individual postmortems.

“Without the services of the very small number of qualified and experienced people who do this work, some essential postmortems would not take place.”

In a statement, the Department of Health said a legislative framework around human organs and tissue taken at postmortem would be brought to Cabinet before the end of the year.

“The Government has made the enactment of the Human Tissue Bill a priority,” it said. “However, the Covid pandemic constrained the department’s capacity to work on the Bill. A number of challenges have been encountered while drafting the legislation. It is intended to bring the Bill to Cabinet before the end of the year.”

The HSE said it has established a PostMortem Examination Services Group to review and update its standards and the group is due to complete its work by the end of the year. It stated the main challenge is recruitment and it will continue to invest in services.

The RTÉ Investigates programme airs on Thursday at 9.35pm on RTÉ One.