An application for an injunction by the chief clinical director at University Hospital Limerick, who has been put on leave pending the outcome of a disciplinary inquiry into the death of teenager Aoife Johnston, came before the High Court on Thursday.
Prof Brian Lenehan is one of six individuals facing disciplinary proceedings following the death of Ms Johnston in the hospital in December 2022. A report on her death by former chief justice Frank Clarke found Ms Johnston died in circumstances that were “almost certainly avoidable”.
The report painted a picture of an overcrowded emergency department and highlighted several factors relevant to the circumstances of her death.
Prof Lenehan’s case came before Mr Justice Liam Kennedy with Lorna Lynch SC, for the consultant orthopaedic surgeon, saying her client was seeking injunctive relief. The Health Service Executive was represented by Mairéad McKenna SC.
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It was agreed that a replying affidavit from the HSE would be filed and a further affidavit from Prof Lenehan, before the case would be mentioned again before the court on October 17th.
On radio last weekend HSE chief executive Bernard Gloster said six people at the hospital were at various stages of a disciplinary process and four were on administrative leave. He did not want to name anyone, he said.
Prof Lenehan is seeking an injunction against his being placed on administrative leave pending the outcome of the disciplinary process.
On Wednesday, Prof Lenehan said he intended to co-operate with all internal HSE processes and did not want to delay the investigative process in any way. However, he wants to protect his rights.
“The tragic death of Aoife Johnston, while under the care of University Hospital Limerick in 2022, is never far from my thoughts and, as I have always pressed for, must remain central in whatever comes out of this process,” he said.
“I again extend my sincere condolences to the family and I acknowledge their profound distress.”
He said he has and will continue to participate fully in all internal HSE processes and his goal was that those processes would be concluded comprehensively and expeditiously.
The decision to place him on administrative leave, in his capacity as clinical director, was, he believed, unwarranted, he said.
Prof Lenehan said he was appointed to the chief clinical director role in 2020 and reappointed in 2023.
“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,” he said.
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