The Supreme Court has cleared the way for a Co. Louth woman who was subjected to symphysiotomy during childbirth in 1969 to bring an action for medical negligence.

Olivia Kearney – of Rosses Hollow, Milestown, Castlebellingham – was just 18 when the controversial procedure was carried out at Our Lady of Lourdes Hospital.

Symphiosotomy was discontinued in Ireland in the 1980′s, and Health Minister Mary Harney last month ordered a report into the practice.

Survivors of Symphysiotomy say many women have been left incontinent and in pain by what they describe as a brutal surgical procedure, used to widen the pelvis for childbirth.

In this case symphiosotomy was carried out on Olivia Kearney after a Cesarean section at the birth of her first child in Our Lady of Lourdes Hospital in 1969.

She is suing for medical negligence, breach of duty and battery – but in a subsequent challenge the High Court upheld the defendants claims that they were severely prejudiced by the delay in bringing the proceedings.

Since then, Ms Kearney’s case has been modified and her lawyers will argue that there was no justification, in any circumstances, for the performance of a syphysiotomy.

On this basis the Supreme Court has allowed the case to proceed.