The Department of Health says it doesn’t intend to make any fundamental changes to the current Kerry CAMHS compensation scheme to include more patients.
The compensation scheme was established last year for individuals treated by South Kerry CAMHS who the Maskey Report identified as having been caused harm.
The report by Dr Sean Maskey found significant harm was caused to 46 children as a result of their care by South Kerry CAMHS.
The Maskey Report also found 240 children were put at risk of harm as a result of their treatment by the same junior doctor.
Last April, a scheme was announced to provide full compensation, and clinical supports, if required, to those who suffered harm or injury as identified through the Maskey Report.
The HSE then identified files in North Kerry CAMHS of patients whose care involved the same junior doctor, and found an additional 25 children had suffered an adverse outcome there.
The State Claims Agency, HSE, and Department of Health agreed those additional cases were eligible for the Maskey compensation scheme.
The Department says this is because the incidents involved that junior doctor, they were identified because of the Maskey investigation, and the files were identified when the scheme was set up.
A separate, random audit of sample patient files in North Kerry CAMHS raised concerns about the treatment in 16 of the 50 files, sparking a full lookback review of the care of young people currently being treated in North Kerry CAMHS, which began last month.
Radio Kerry understands three families of North Kerry CAMHS patients have issued High Court proceedings against the HSE, as they are not eligible for the current compensation scheme.
This is despite having received an official apology for the care they received in CAMHS.
The Department of Health says the random audit and lookback review were not referenced in the original Maskey report, and they sit outside the current terms of the Maskey compensation scheme.
The Department adds any further appropriate cases in Kerry recommended by HSE will be given full consideration for the compensation scheme.
It says, however, aside from the inclusion of such individual eligible cases, it is not intended that there be any fundamental change to the Compensation Scheme introduced by Government relating to the Maskey report.
The HSE previously told Radio Kerry any decision about compensation in relation to the North Kerry CAMHS lookback review would be a matter for government.
