A HIGH Court action concerning the Health Service Executive and the chief clinical director of University Hospital Limerick (UHL) has been resolved.
Prof Brian Lenehan had sought an injunction against the health service after he was put on administrative leave following an investigation into the death of 16-year-old Shannon girl Aoife Johnston on December 19, 2022.
He is one of a number of senior figures who were suspended following the report of an investigation into the circumstances surrounding Ms Johnston’s death was carried out by retired chief justice Frank Clarke, who found the Shannon schoolgirl’s death was “almost certainly avoidable”.
The case ran throughout last week in the High Court, however, according to a report in the Irish Times, the matter has now been resolved.
According to the newspaper, Peter Ward SC, for the HSE, 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 Prof Lenehan to get 75 per cent of his legal costs paid by the HSE.
Prof Lenehan will also participate in a disciplinary process that has been brought against him, the court heard.
He denied any wrongdoing and said the decision had been reached without any actual conduct on his part having been identified. He also alleged it was in breach of his contract and contrary to ordinary rationality and logic such as to be void in law.
The HSE claimed its decision was lawful.
Lorna Lynch SC, for Prof Lenehan, said her client would also participate in the disciplinary process that the court 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.
Ms Justice Siobhán Stack said she wanted to pass on her sympathies to the family of Ms Johnston.
“I think it would be really remiss of me not to say I had not lost sight of that,” she said.
