A High Court judge has said that the health of a young girl at the centre of a legal row over the disclosure of medical records in relation to her spinal surgery should be "to the forefront".
The remarks were made by Mr Justice Mark Sanfey on Wednesday, when proceedings brought by the girl's family against Children's Health Ireland (CHI), returned before the court.
The girl who cannot be named for legal reasons, has spina bifida, and underwent an operation on her spine at Temple Street.
In proceedings arising out of her surgery, her family seek court orders requiring the CHI to provide them with all of the girl's medical records.
During the brief hearing, Oonah McCrann SC for the CHI said that her client had, in response to the child's family's Freedom of Information request, provided them with all but one document that it should have furnished.
That document, counsel added, has now been provided.
It was not a straightforward process to obtain all of the records, counsel said, but everything has now been provided within the legal time frame allowed under an FOI request.
Counsel argued effectively, the proceedings are now 'moot' or pointless.
Counsel also said that her client needs time to fully and formally reply to several serious accusations made against it in the proceedings.
They said her side rejects the applicants' claims that no care plan is in place for the child, and said that appointments for the child with specialist doctors have either already taken place or have been scheduled.
John Healy SC appearing with Michael Devitt Bl instructed by solicitors McGroddy Brennan rejected the CHI's claim that the action was moot, and said his cleint application should be heard as soon as possible.
Counsel said that his side had only recently been provided with a document that "for the first time" informed the child's parents what exactly had gone wrong with the girl's operation.
The family at last were told that the rod that had been inserted into the girl's spine had become infected, and had to be removed, counsel said.
Counsel added that the family were still being "drip fed" information and dispute claims that a care plan is in place for the child.
Mr Justice Sanfey said that both sides need to put the child's health to the forefront.
It was obvious to the court that the perceptions of the family and those treating the child regarding her care were quite different, and that was something that needs to be addressed.
Serious claims
The judge said that the CHI needed time to reply to the serious claims made against it.
However, he urged the sides not to engage in "affidavit tennis" where both sides end up making claims and counter claims against the other.
After making directions for the exchange of legal documents, the judge adjourned the case to a date next month.
The girl is one of 19 children who were the subject of a report on patients with spina bifida who underwent spiral surgery at Temple Street.
The family want an injunction requiring the CHI to provide them with all of the child's outstanding medical records, documentation and information sought.
The materials, they claim, relate to her care following an operation she underwent last year at the hospital, so it can be assessed by an independent expert.
They also seek the records as they consider what action to take over what they say they have been told was the inappropriate surgery performed on the child, and over the alleged delay in disclosing the errors to the family.
They claim that earlier this month that they were provided with some, but not all of the material they sought.
Other orders sought include one requiring the CHI to provide them with all management plans put in place for the child.
They also seek copies of a full risk assessment and notes prepared by the defendant regarding the clinical care provided by Temple Street.
The child, it is claimed, suffered serious post-operative complications, and her parents were told she would require further surgery.
