A SLANDER action taken by a biochemist against Dr Bill Tormey, consultant pathologist at Beaumont Hospital, Dublin, was settled yesterday in the High Court for undisclosed damages and an apology to her from Dr Tormey.
Ms Maria Fitzgibbon, of Nutgrove Park, Clonskeagh, Dublin, now a trauma coordinator at the Dublin hospital, claimed Dr Tormey, of Glasnevin Avenue, Dublin, had said in the presence of colleagues she had committed scientific fraud, had stolen work and referred to her as a "right geebag". Ms Fitzgibbon worked in the laboratory as a senior biochemist from 1988 to 1994.
The case opened last Tuesday and yesterday Mr Adrian Hardiman SC, for Ms Fitzgibbon, told Mr Justice Moriarty and a jury, after out of court discussions between the parties, that they had reached a settlement of their differences. He said among the terms of the settlement was that a statement he read out on behalf of Dr Tormey.
The statement was: "Dr William Tormey, consultant chemical pathologist in Beaumont Hospital, unreservedly retracts and withdraws remarks made by him in the summer of 1993 concerning Ms Maria Fitzgibbon.
Dr Tormey publicly acknowledges that Ms Fitzgibbon is a fine biochemist and research worker. Her behaviour has at all times been entirely ethical and in accordance with the highest standards governing research and publication. Her work as published in her M.Sc. thesis and her subsequent publications is work for which she is justly entitled to credit. She is entitled to the respect and esteem of the scientific community.
"Dr Tormey particularly regrets that certain of his comments were couched in language which, quite apart from its content, was inappropriate and grossly offensive.
"For her part, the plaintiff acknowledges that Dr Tormey has discharged his duties as head of chemical pathology for many years with professional integrity.
"Dr Tormey sincerely apologises to Ms Fitzgibbon and her family for the grief and distress they have been caused. He under takes never to repeat the slander or any words to the same effect. Ms Fitzgibbon has accepted a sum of money in respect of damages".
Discharging the jury, Mr Justice Moriarty said there was a danger when judges appeared to give benediction to a settlement that it could descend to the level of meaningless platitude.
But in this case, he would most genuinely and sincerely commend the parties and their advisers for contriving to reach an honourable and satisfactory compromise, the precise terms of which did not concern him or the jury. No doubt, it involved a measure of give and take and realistic allowance on both sides.
"It seems to me, particularly, deserved status of both the plaintiff and the defendant and the considerable service they have given, not least in the vital sphere of child cancer research, it seems an extremely happy conclusion," he said. Rather than protracting painful and costly differences, perhaps even beyond this hearing as may have happened in some other medical contingencies, both parties had shown the strength and magnanimity to achieve an honourable compromise and he was very pleased indeed.