UHL clinical director to return to post after case resolved
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A High Court dispute over the suspension of the chief clinical director of University Hospital Limerick (UHL) in the wake of an investigation into the death of Aoife Johnston has been settled.
Professor Brian Lenehan will be returning to his position until his contract ends next June and will also participate in a disciplinary process which has been brought against him, the court heard.
Prof. Lenehan had sought an injunction over a HSE decision to put him on paid administrative leave pending an investigation for alleged serious misconduct relating to circumstances surrounding the girl's death on December 19, 2022.
He denied any wrongdoing and said the decision was reached without any actual conduct on his part having been identified. It was in breach of his contract and contrary to ordinary rationality and logic such as to be void in law, he also said. The HSE denied it was unlawful.
The case has been running since Tuesday but on Friday Peter Ward SC, for the HSE, said the matter had been resolved. Counsel said Prof. Lenehan is returning to his role as chief clinical director, reporting in the context of new regional structures, until the conclusion of his contract in June 2025.
Mr Ward asked the court to strike out the entirety of the proceedings with an order for 75% of Prof. Lenehan's legal costs.
Lorna Lynch SC, for Prof. Lenehan, said her client will also participate in the disciplinary process which the court has heard arose out of him being placed on administrative leave in September by the chief executive of the HSE, Bernard Gloster. He was permitted to return to work as an orthopaedic consultant pending the investigation.
Before she rose, Ms Justice Siobhan Stack said like everybody in this case, on both sides, she wanted to pass on her sympathies to the family of Ms Johnston. She said: "I think it would be really remiss of me not to say I had not lost sight of that."
She said this was a case about an individual and their employment and that was a separate issue. But, she said, "in the background is the terrible tragedy of Ms Johnston and everybody in court is aware of that and that has been on my mind throughout".
Aoife Johnston (aged 16), a Leaving Cert student from Shannon, Co Clare, died two days after presenting at the emergency department of UHL.
The court heard Ms Johnston was sent by her GP to the hospital on December 17, 2022, with a diagnosis of suspected sepsis which meant she should have received the necessary medication within an hour. She spent more than 13 hours on a trolley before medication that could have saved her life was administered but died on December 19.
A report of an investigation into the circumstances surrounding her death was carried out by retired Chief Justice Frank Clarke who found her death was almost certainly avoidable.
As a result of that report and further inquiry, the HSE chief executive decided to place Prof. Lenehan on administrative leave because of a belief that continuation in his role may give rise to an immediate and serious risk to the safety, health and welfare of UHL patients.
Prof. Lenehan strongly denies this.