A 16 YEAR OLD girl who is alleged to have spina bifida yesterday brought a High Court claim for negligence and breach of duty against two medical consultants who examined her when she was born in Mount Carmel Hospital, Dublin.
Gemma Lynch, suing by her mother, Mrs Patricia Lynch, of Brackenbush Park, Killiney, Co Dublin, sued Mr Hubert O'Connor, a gynaecologist of Clyde Road, Dublin Dr Brian Denham, a paediatrician, of Whinsfield, Sandyford, Co Dublin and the hospital.
Both consultants and the hospital deny Gemma was born with spina bifida or that there was a failure to diagnose the condition. They deny negligence or breach of duty.
The court was told that Mrs Lynch had previously had a baby boy who died after a month from spina bifida.
Mr Martin Giblin SC, for the girl, told Mr Justice Kinlen that shortly after the birth, Mr O'Connor had noted a stub of flesh in the area of the cervical spine. The mother knew that any abnormality in the spinal area could be related to spina bifida.
Mr O'Connor had reassured her that it was not a sinister growth, and Dr Denham reassured Mrs Lynch that she had a perfectly healthy child.
Mr Giblin referred to a letter written in July 1980 by Dr Denham to the family GP, which did not state that the child should return for a review in six weeks.
He claimed that after the child was diagnosed in 1986 as having spina bifida Dr Denham, through his secretary, produced a letter similar in terms to the letter sent to the GP, but containing an additional sentence that the child should return in six weeks when Dr Denham would review the case again.
Mr Giblin said that for whatever reason Dr Denham had not sent the letter with the additional sentence. Dr Denham that when he saw the first draft the letter without the additional sentence he re-dictated it and through some administrative error the first draft was sent out.
Mrs Lynch in evidence said that when Gemma was born, Mr O'Connor told her she was a lovely, perfect little girl. He said there was a skin tag on the back of the baby's neck and he would have a paediatrician examine her.
Mrs Lynch said Dr Denham told her he had examined the baby, that it was not spina bifida, that he had tied cat gut on the skin tag and that it would fall off in a couple of days.
On the day she was going home, Dr Denham said they had a perfectly normal little girl. She was certain Dr Denham never indicated he would want to see Gemma in six weeks.
Her problems came to light only when she went to school. A consultant, Mr Daniel Rawluk, discovered a hole had opened to the spine and he closed it.
Cross examined by Mr Murray McGrath SC, for the consultants and hospital, she disagreed that Dr Denham had said there was always the possibility of something hidden that should be investigated at a later stage.
She said there was no arrangement to bring the baby back for a check up, and she had never looked at her daughter's hospital records.
Mr McGrath said that in those circumstances it would come as a complete surprise to her that Dr Denham, at the time he examined the baby, recorded a possibility of an X ray and that the baby was to come back in six weeks. Mrs Lynch said she did not know that was in the hospital records.
Mr McGrath said that Dr Denham agreed he told Mrs Lynch the baby did not have spina bifida, and would say that to this day they believed she did not have spina bifida.
The hearing continues.