Parties settle in breast reduction action

A CO Kildare mother of five yesterday settled her High Court action against a plastic surgeon who operated on her 12 years ago…

A CO Kildare mother of five yesterday settled her High Court action against a plastic surgeon who operated on her 12 years ago to reduce the size of her breasts.

Ms Veronica Dunleavy (53), from Newbridge, had sued a Dublin surgeon, Mr Seamus O Riain.

She told Mr Justice Moriarty during the five-day hearing that she felt horrified and mutilated after an operation conducted by Mr O Riain in 1984.

After a short adjournment yesterday afternoon, Mr David Byrne SC, for Ms Dunleavy, told the judge the matter had been resolved between the parties and the only order required was one to strike out his client's claim.

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Mr Justice Moriarty said he would make such an order. The judge said he had observed and accepted there were difficulties and hazards on both sides.

Both sides, he said, had conducted themselves with dignity and strength and were committed to resolving the case without bringing it to a full hearing.

Afterwards, Ms Dunleavy said she was absolutely delighted that her action had been settled.

Earlier, a plastic surgeon called to give evidence for Mr O Riain said he had not been allowed to carry out a full examination of Ms Dunleavy's breasts four years ago. He was not allowed to measure them and could only look at them.

The Dublin surgeon, Mr Gerald Edwards, said he saw Ms Dunleavy in February 1992 and again in September 1993.

On the first occasion, she would only confirm her name and address and would not give him any information. He told her he could not examine her unless she told him the story of her operation. She replied that she would not or could not and terminated the interview, which had lasted between five and six minutes.

In September 1993, he again saw Ms Dunleavy, who on this occasion was accompanied by a woman solicitor. Ms Dunleavy said that she was married, that she had had her breasts reduced and that she was unhappy with the result. When he asked her if there were any post-operative complications, the solicitor said she was trying to establish liability.

Mr Edwards said liability had nothing to do with him, and explained he had to have the facts for his report. He was then told he could only look at Ms Dunleavy. Mr Edwards said he would find it very difficult to form an opinion without carrying out a full examination. The meeting lasted 5 to 20 minutes.

He told Mr Jack Fitzgerald SC for Mr O Riain, he did not accept that a patient could be counselled for a breast reduction procedure in just five minutes. "It is major surgery. You don't do major surgery after a five-minute consultation."

Anything to do with the human body could not be guaranteed said Mr Edwards. "If a patient wants a guarantee, I invite them to buy a motor car or a washing machine." Even if a procedure in plastic surgery was carried out perfectly, the results could turn out to be disappointing.