Dalkon records problem

Press, 21 February 1986, Page 2

Dalkon records problem

Canterbury women might not be compensated for injuries caused by the Daikon Shield if they cannot get their medical records from Christchurch Women’s Hospital. To support their claims for damages against A. H. Robins, manufacturer of the intra-uterine device, women need the medical records, according to two American lawyers handling their cases in the United States.

The lawyers, Messrs Mike Pretl and Jerry O’Neill, were in Christchurch yesterday to talk to women making the claims. With them was the New Zealand lawyer coordinating the claims, Mr Michael Okkerse. Mr O’Neill said that previously women might not have needed their medical records to be awarded damages from A. H. Robins. However, this

had changed since the company, filed in bankruptcy last year and the Federal Court was handling the cases. As more than 100,000 new claims had to be processed the court wanted questionnaires and medical records from the women. “Women’s recollections are important in terms of damages, but the medical records are the thing,” he said. Mr Okkerse said he had approached the medical superintendent of Christchurch Women’s Hospital, Mr Hamish McCrostie, to get the records but Mr McCrostie had refused to release them. Mr McCrostie said last evening that he was merely adhering to Canterbury Hospital Board regulations in not releasing the records. He had

consulted the board’s medical superintendent-in-chief, Dr Ross Fairgray, on the matter and would not change his mind. Mr Okkerse said that New Zealand hospitals, except Christctiurch Women’s Hospital and one further south, had released the records.

The board’s chaiiman, Mr Tom Grigg, agreed that it was board policy to keep medical records confidential. He said he was not aware of the Daikon' Shield records problem, and hinted that it could be overcome.

“I would feel that it is appropriate that we look at this and see whether the appropriate sections could be released for them,” he said.

An . April 30 deadline has been set by the United States court.

The two lawyers say that judging by progress so far about four out of five of the 300 New Zealand women’s claims against A. H. Robins should be considered valid by the court. It might be some time before anybody sees any money, they say. The court first has to process the claims, and send out the questionnaires and process them, along with the medical records. Mr O’Neill said the lawyers working on the Daikon claims were not happy with the wording of the questionnaire, and it looked as though another round of questions would have to be sent out and processed.