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Spinal springs scandal surgeon still on full pay despite being on administrative leave amid €123k State legal fees bill

THE surgeon at the centre of the spinal springs scandal remains on full pay despite being on administrative leave since October 2023, a Dail watchdog heard.

It comes as the Public Accounts Committee also established that the State was forced to fork out €123,000 in legal fees to mediate a dispute with the former CHI CEO who has been moved to a new role but kept her top salary.

Executives from scandal-hit Children’s Health Ireland faced a grilling from TDs and Senators at the Public Accounts Committee today.

Among the series of scandals to rock CHI recently was a shocking report from Hiqa which found that children had non-medical grade springs implanted in their bodies during spinal surgeries.

The Hiqa report exposed a litany of governance issues at our children’s hospitals that failed to keep children safe and prevent non-medical springs being implanted in kids.

In the aftermath of the report, Health Minister Jennifer Carroll McNeill said it was shocking that “a rogue surgeon, however well intentioned” was not stopped in using these springs.

The PAC was today told that the surgeon has been on administrative leave since October 2023 and remains on full pay.

The CHI told the Committee that there was a “HR process ongoing” in relation to the surgeon.

Separately, the PAC also heard that the Chief State Solicitor’s Office was forced to pay out €123,000 in legal fees for a mediation process required to move former CEO Eilish Hardiman to a new role where she receives the same pay.

Ms Hardiman was CEO for ten years and sought another third five year term in 2023.

However, then Health Minister Stephen Donnelly refused this application under a rule where the CEO of a State body cannot work more than two five-year terms.

The PAC heard that Ms Hardiman then took legal action as she claimed that employment law states that two back to back fixed term contracts created a contract of indefinite duration.

LEGAL COSTS

A mediation process was entered into and CHI eventually created a new Strategic Programme Director role where Ms Hardiman earns the same salary of more than €180,000.

The PAC heard that the legal fees for this process cost €120,000, with a non-disclosure agreement also signed by CHI, Ms Hardiman, and the Department of Health.

TDs asked if Ms Hardiman would waive the NDA to enable transparency around the process to which she replied: “I have nothing to hide.”

Health Minister Jennifer Carroll MacNeill arriving at Government Buildings, Dublin, ahead of a Cabinet meeting. Picture date: Wednesday January 29, 2025. PA Photo. See PA story IRISH Government. Photo credit should read: Brian Lawless/PA Wire
Health Minister Jennifer Carroll MacNeill said she was shocked the surgeon was not stopped
Brian Lawless/PA Wire

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