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Dáil Éireann debate -
Tuesday, 4 Jul 1995

Vol. 455 No. 4

Written Answers. - Hepatitis C Victims Tribunal.

Brian Cowen

Question:

54 Mr. Cowen asked the Minister for Health when he will set up a statutory tribunal to deal with hepatitis C victims. [12208/95]

Limerick East): On 20 June 1995 I published a scheme to compensate certain persons who have contracted hepatitis C from the use of human immunoglobulin — Anti-D, which has been approved by Government. This scheme delivered on the commitment contained in the policy document —A Government of Renewal— to fair compensation for women infected with the hepatitis C virus from Anti-D.

The tribunal is non-statutory and amongst the many aspects of the scheme are that proceedings before the tribunal will be informal and private, negligence need not be proved, the burden of proof will be on the balance of probabilities and there is preservation of a right of action should a claimant decide not to accept an award. The scheme is designed specifically to provide compensation at the earliest possible date for those who contracted hepatitis C from the use of human immunoglobulin — Anti-D, whilst retaining an informal and flexible approach to do justice to the great variety of circumstances and conditions of claimants. A copy of the scheme has been sent to persons who have tested hepatitis C antibody positive or hapatitis C virus positive arising from the national blood screening programme.

Brian Cowen

Question:

55 Mr. Cowen asked the Minister for Health if he will review the refusal of a medical card for a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [12209/95]

Brian Cowen

Question:

56 Mr. Cowen asked the Minister for Health if he will review the refusal of a medical card to a person (details supplied) in County Offaly; and if he will make a statement on the matter. [12210/95]

Limerick East): I propose to take Questions Nos. 55 and 56 together.

The issue of a medical card to any individual is a matter for the chief executive officer of the relevant health board.

Accordingly, I have had inquiries made of the Midland Health Board and I understand the position to be as follows:—

—The board has only one application on file for a person of that name and address in County Westmeath. The person in question was issued with a medical card on 4 May 1995 which also covers his spouse.

—The person in County Offaly applied for a medical card in November 1993 and was refused on the grounds that her income was considerably in excess of the income guidelines laid down for medical card eligibility. Medical evidence in support of the application was also taken into consideration by the board at the time.

If the person's circumstances have changed since her last application, she should reapply to the Midland Health Board.

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